Comments on: How Does the Judge Decide if You are Approved for SSI or SSDI http://www.ssdanswers.com/2009/02/25/how-does-the-judge-decide-if-you-are-approved-for-ssi-or-ssdi/ Social Security Disability Blog - moderated by Jonathan Ginsberg Mon, 06 Feb 2012 23:42:04 +0000 hourly 1 By: jginsberg http://www.ssdanswers.com/2009/02/25/how-does-the-judge-decide-if-you-are-approved-for-ssi-or-ssdi/#comment-9623 jginsberg Wed, 04 Jan 2012 16:05:09 +0000 http://www.ssdanswers.com/?p=270#comment-9623 JD, your lawyer could appear without you but that would not be wise. Your hearing is your chance to present your case to the judge and you should take advantage of the opportunity for the face time. JD, your lawyer could appear without you but that would not be wise. Your hearing is your chance to present your case to the judge and you should take advantage of the opportunity for the face time.

]]> By: jd http://www.ssdanswers.com/2009/02/25/how-does-the-judge-decide-if-you-are-approved-for-ssi-or-ssdi/#comment-9612 jd Fri, 23 Dec 2011 00:13:14 +0000 http://www.ssdanswers.com/?p=270#comment-9612 ps the court letter says i have to appear in court do i have to go to court for this or can my lawyer just go without me being there ty jd ps the court letter says i have to appear in court do i have to go to court for this or can my lawyer just go without me being there ty jd

]]> By: jd http://www.ssdanswers.com/2009/02/25/how-does-the-judge-decide-if-you-are-approved-for-ssi-or-ssdi/#comment-9611 jd Fri, 23 Dec 2011 00:11:21 +0000 http://www.ssdanswers.com/?p=270#comment-9611 @<a href="#c omment-9102">jginsberg</a>: i have c.o.p.d and a high heail hernia and had a stroke in 2005 and just got a court date from an appeal on feb 7 2012 what are my chances of getting my ssi payments and how long after the court date will i start to receive my ssi bennafites this is my third time filing and they said they are only going back as far as 2009 when i first applyed was in 2005 why is this and will i be intideled to the back pay of waiting ty jd @jginsberg: i have c.o.p.d and a high heail hernia and had a stroke in 2005 and just got a court date from an appeal on feb 7 2012 what are my chances of getting my ssi payments and how long after the court date will i start to receive my ssi bennafites this is my third time filing and they said they are only going back as far as 2009 when i first applyed was in 2005 why is this and will i be intideled to the back pay of waiting ty jd

]]> By: jginsberg http://www.ssdanswers.com/2009/02/25/how-does-the-judge-decide-if-you-are-approved-for-ssi-or-ssdi/#comment-9610 jginsberg Thu, 22 Dec 2011 17:03:23 +0000 http://www.ssdanswers.com/?p=270#comment-9610 Tasha, I don't think your letter is a problem although it is always better to submit evidence and correspondence through your lawyer rather than directly to a judge. Tasha, I don’t think your letter is a problem although it is always better to submit evidence and correspondence through your lawyer rather than directly to a judge.

]]> By: Tasha http://www.ssdanswers.com/2009/02/25/how-does-the-judge-decide-if-you-are-approved-for-ssi-or-ssdi/#comment-9609 Tasha Thu, 22 Dec 2011 15:47:42 +0000 http://www.ssdanswers.com/?p=270#comment-9609 I recently had my odar hearing. The judge asked me if I had ever used drugs and I answered no. Not to deceive but b/c I was nervous. Later that day I wrote a quick letter to the judge letting him know I do not use any substance other than prescribed to me and I did have a problem years ago and got tx. I also included a copy of my drug tx services that precluded my diagnosis by 16 months. Did I screw myself by sending the judge a one paragraph explanation of that answer with the certificate? I recently had my odar hearing. The judge asked me if I had ever used drugs and I answered no. Not to deceive but b/c I was nervous. Later that day I wrote a quick letter to the judge letting him know I do not use any substance other than prescribed to me and I did have a problem years ago and got tx. I also included a copy of my drug tx services that precluded my diagnosis by 16 months. Did I screw myself by sending the judge a one paragraph explanation of that answer with the certificate?

]]> By: steven http://www.ssdanswers.com/2009/02/25/how-does-the-judge-decide-if-you-are-approved-for-ssi-or-ssdi/#comment-9518 steven Thu, 17 Nov 2011 05:54:53 +0000 http://www.ssdanswers.com/?p=270#comment-9518 I have had a law judge set for the past 5 months, but still waiting on a court date for the administrative law hearing. How long does it usually take to get a hearing date set? This is for ssdi, and i do have a lawyer. I have had a law judge set for the past 5 months, but still waiting on a court date for the administrative law hearing. How long does it usually take to get a hearing date set? This is for ssdi, and i do have a lawyer.

]]> By: jginsberg http://www.ssdanswers.com/2009/02/25/how-does-the-judge-decide-if-you-are-approved-for-ssi-or-ssdi/#comment-9462 jginsberg Tue, 25 Oct 2011 02:26:17 +0000 http://www.ssdanswers.com/?p=270#comment-9462 Joe, there are several possibilities - first, it is possible that Social Security made a mistake and is not processing an SSDI claim. They may believe that your claim is for Supplemental Security income only. Second, it is possible that the adjudicator has approved your case but has amended your onset date to a date after you were last insured for SSDI (Title II). Third, it is possible that you have been approved for both SSDI and SSI but all of the letters have not yet come through. It is very common that the SSI staff process their paperwork first because if you are eligible for SSDI, there is a good chance that it will offset your SSI. The SSI folks have go thru the exercise of approving your for SSI then notifying you that your benefits are offset. The SSI processing center is located in a different location than the SSDI processing center, which is why there can be a delay in one or the other. I would wait a week or so to see if additional letters come. I would also carefully read whatever letters have been sent to see if there is any discussion of your SSDI and/or if there was any change to your onset date. You can appeal a favorable decision if there is an error like this but I would not file any appeal paperwork on a favorable decision without first talking to a lawyer. Joe, there are several possibilities – first, it is possible that Social Security made a mistake and is not processing an SSDI claim. They may believe that your claim is for Supplemental Security income only. Second, it is possible that the adjudicator has approved your case but has amended your onset date to a date after you were last insured for SSDI (Title II). Third, it is possible that you have been approved for both SSDI and SSI but all of the letters have not yet come through. It is very common that the SSI staff process their paperwork first because if you are eligible for SSDI, there is a good chance that it will offset your SSI. The SSI folks have go thru the exercise of approving your for SSI then notifying you that your benefits are offset. The SSI processing center is located in a different location than the SSDI processing center, which is why there can be a delay in one or the other. I would wait a week or so to see if additional letters come. I would also carefully read whatever letters have been sent to see if there is any discussion of your SSDI and/or if there was any change to your onset date. You can appeal a favorable decision if there is an error like this but I would not file any appeal paperwork on a favorable decision without first talking to a lawyer.

]]> By: joe http://www.ssdanswers.com/2009/02/25/how-does-the-judge-decide-if-you-are-approved-for-ssi-or-ssdi/#comment-9455 joe Sat, 22 Oct 2011 23:40:23 +0000 http://www.ssdanswers.com/?p=270#comment-9455 while waiting for a hearing with a law judge i recieved a letter stating that i was found to be disabled by a state agency that i would be getting ssi no mention of ssdi denial or about the hearing with the law judge i have enough credits to get ssdi please explain what could have happened i just got the letter today. thank you very much for this site i moniter it regurlly while waiting for a hearing with a law judge i recieved a letter stating that i was found to be disabled by a state agency that i would be getting ssi no mention of ssdi denial or about the hearing with the law judge i have enough credits to get ssdi please explain what could have happened i just got the letter today. thank you very much for this site i moniter it regurlly

]]> By: tasha http://www.ssdanswers.com/2009/02/25/how-does-the-judge-decide-if-you-are-approved-for-ssi-or-ssdi/#comment-9334 tasha Sun, 28 Aug 2011 07:10:56 +0000 http://www.ssdanswers.com/?p=270#comment-9334 I have had my hearing,waiting on decision.since my hearing I've been to the Dr. And I know have a new diagnois should I inform my lawyer about it. I have had my hearing,waiting on decision.since my hearing I’ve been to the Dr. And I know have a new diagnois should I inform my lawyer about it.

]]> By: Rachel http://www.ssdanswers.com/2009/02/25/how-does-the-judge-decide-if-you-are-approved-for-ssi-or-ssdi/#comment-9262 Rachel Wed, 27 Jul 2011 22:15:23 +0000 http://www.ssdanswers.com/?p=270#comment-9262 DEAR JONATHAN, I have a big delimma and need help! I am a RN and unable to work since Nov 07, and have filed for ssdi and been turned down by judge in sept 09. I was told by my layer who I only got to speak to right before my trial to appeal and file a new claim. Well I have osteo arth, siatica of the left hip and leg with ridiculopathy and no cure. Daily severe back, neck , shoulder, hip , feet and allover pain. When I fell I messed up my siatic nerve and caused sacroilic syndrome which I was told by the back specialist would be almost impossible to fix, and surgery would more than likely make it worse. I get migraines weekly that make it impossible to get out of bed for 1-2 days. I suffer severe Depression, Severe Anxiety that keeps getting worse. I did not know why I was suffering severe pain all over which escalated to keeping me bed bound several days a week. I no longer can sit up or stand or walk but for very limited amounts of time due to pain and fatigue. I started suffering bad memory loss and ability to think clearly. I was dx with Fibromyalgia. I also have other dx that seem to all fit under this dx, eg. IBS, nerve pain, muscle pain, migraines, corpal tunnel, osteoartritis and bursitis. I am 42 with a college degree. I am in pain all the time with it giving me only short periods of relief ranging from very severe to less severe. I did get approved on my new application for mental "depression and anxiety" and without this monthly amount coming in my family will lose everything. My attorney was only focusing on the Fibromyalgia DX , but I have been told the judge I had does not believe in Fibro. The Appeals council has sent the case back to the same judge. He is known as the worst one in this area even by the people in the social security building, very mean and hard headed. I was told he only gets worse when the appeals council corrects him. Well, what I am in fear of is him trying to undo the new approved decision when I have to go before him. The council did not limit him to just the old case, they did not affirm my new case, they left it binding but did not reopen it. I know that if I were to get the back pay around 20-30k it would help pay off the debt we incured while waiting, but if this judge can undo it we will lose everything. He didn't listen to the physicians the first time, and took things I said and twisted them. One example is I told him I can't grocery shop anymore, but every few months if I can I will go to the local Dollar store and may be able to walk 1 or 2 isles and leave. In his decision he stated I walked from my home to the store. He stated my physicians oppions werent medical opinions and invade the ultimate issue of disability, the appeals council cited him for that. I can not gamble my familys future away by placing it in the hands of this hateful man. I can't talk with my attorney, he only does that right before the case, my layer even said right before that trial that we would win my case with any judge, but the one I have. I know I am not your client but I really need help, I also have a child with spina bifida and I have already let my family down with my illnessess and inability to be even a drop of the person I once was. I can't gamble with our lives, and I don't have anything left to offer. please help me with any recomendations you have about my situation. Thank You DEAR JONATHAN,
I have a big delimma and need help! I am a RN and unable to work since Nov 07, and have filed for ssdi and been turned down by judge in sept 09. I was told by my layer who I only got to speak to right before my trial to appeal and file a new claim. Well I have osteo arth, siatica of the left hip and leg with ridiculopathy and no cure. Daily severe back, neck , shoulder, hip , feet and allover pain. When I fell I messed up my siatic nerve and caused sacroilic syndrome which I was told by the back specialist would be almost impossible to fix, and surgery would more than likely make it worse. I get migraines weekly that make it impossible to get out of bed for 1-2 days. I suffer severe Depression, Severe Anxiety that keeps getting worse. I did not know why I was suffering severe pain all over which escalated to keeping me bed bound several days a week. I no longer can sit up or stand or walk but for very limited amounts of time due to pain and fatigue. I started suffering bad memory loss and ability to think clearly. I was dx with Fibromyalgia. I also have other dx that seem to all fit under this dx, eg. IBS, nerve pain, muscle pain, migraines, corpal tunnel, osteoartritis and bursitis. I am 42 with a college degree. I am in pain all the time with it giving me only short periods of relief ranging from very severe to less severe.

I did get approved on my new application for mental “depression and anxiety” and without this monthly amount coming in my family will lose everything. My attorney was only focusing on the Fibromyalgia DX , but I have been told the judge I had does not believe in Fibro. The Appeals council has sent the case back to the same judge. He is known as the worst one in this area even by the people in the social security building, very mean and hard headed. I was told he only gets worse when the appeals council corrects him. Well, what I am in fear of is him trying to undo the new approved decision when I have to go before him. The council did not limit him to just the old case, they did not affirm my new case, they left it binding but did not reopen it. I know that if I were to get the back pay around 20-30k it would help pay off the debt we incured while waiting, but if this judge can undo it we will lose everything. He didn’t listen to the physicians the first time, and took things I said and twisted them. One example is I told him I can’t grocery shop anymore, but every few months if I can I will go to the local Dollar store and may be able to walk 1 or 2 isles and leave. In his decision he stated I walked from my home to the store. He stated my physicians oppions werent medical opinions and invade the ultimate issue of disability, the appeals council cited him for that. I can not gamble my familys future away by placing it in the hands of this hateful man. I can’t talk with my attorney, he only does that right before the case, my layer even said right before that trial that we would win my case with any judge, but the one I have. I know I am not your client but I really need help, I also have a child with spina bifida and I have already let my family down with my illnessess and inability to be even a drop of the person I once was. I can’t gamble with our lives, and I don’t have anything left to offer. please help me with any recomendations you have about my situation. Thank You

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