Feeling in the depths of despair

[TipBill]

Hi all,

I know it's not over until it's over but I got some news yesterday that has really depressed me. I got a letter from the ALJ who will be hearing my case explaining what the procedure will be when I go for my hearing. I looked him up to see what his approval rate was and he has the second lowest approval rate of all the judges I could have drawn. The only other judge with a lesser approval rate is zero. He approves none. The judge I drew has a 27 percent dismissal rate, a 26 approval rate and a 47 percent denied rate. Also the letter stated that the judge can stop the hearing at any time he wants and dismiss it. I can see it now. I will stand up in front of him say "hi" and he will bang the gavel and say "dismissed". It's so unfair that your fate is left up to a person who doesn't even know you and has no idea what you are going through. So I don't hold out much hope that I will win. My hearing is November 10th so I have two months to stew about it.

 

[rtphotos]

Hi Krista,

I'm sorry you are feeling depressed from receiving that letter from the judge, BUT I just wanted to comment on a few things that might help alleviate your concerns.

the letter stated that the judge can stop the hearing at any time he wants and dismiss it.

First of all, I also received a "Notice of Hearing" letter from my judge a couple of months before my hearing date. It's probably the exact same form letter that they send to all claimants, including you. In my letter, it stated: "I will follow a step-by-step process to decide whether you are disabled. I will stop the process at the first step I can make a decision. The steps in this process look at..." [and it goes into detail of the steps].

He is explaining the "5-Step Sequential Evaluation Process" that all judges are required to follow to make their decisions on whether a person is disabled. He is not trying to be mean to you. Its a GOOD thing and the process assures everyone of a fair hearing and decision.

The judge I drew has a 27 percent dismissal rate, a 26 approval rate and a 47 percent denied rate.

It doesn't matter how many cases the judge denies. What is important is that you and your lawyer have built up a strong case in your favor so that you are among the hundreds of people in the "26% approved". As you've mentioned in another post, your lawyer has stated that "he was very confident of winning". Be happy for that. That is a great sign.

It's so unfair that your fate is left up to a person who doesn't even know you and has no idea what you are going through.

The judge WILL KNOW YOU. By the day of your hearing, he will have prepared himself by going through your case file very carefully. That is why it is very important that your lawyer makes sure that the judge has all the critical documentations (medical reports, RFCs etc.) ahead of time. That's the best you can do and hope for!

In a previous posting, I suggested that you acquire a CD copy of your case file from your lawyer to review for potentially missing documents. Did you get the CD?

Also, I suggested that you visit a "Social Security disability facts forum" where all of your questions and concerns (for example the "5-Step Sequential Evaluation Process", etc.) will probably have been answered. You will find good information there about the ALJ hearing process and that might help alleviate your anxiety. It really helped me.

I know having gone though the SSA disability application process myself recently how stressful an ordeal it is, but take a few deep breathes and do your best to keep calm. Have faith that you and your lawyer are doing everything humanly possible.

Take care and be good to yourself! Wishing you the best!

 

[diamond]

I hear your concerns Krista ..its all very daunting I m sure. rtphotos give excellent advice...the case file is your case more than anything.

I know the percentages have given you a low but it could be that he has allowed thousands disability and that he has been a judge on cases where a large portion wouldn't have qualified with any judge.

Do as rtphotos says if you are able...then if possible put it to the back of your mind..go out with hubby if you can when you can as nothing will change the future and you have 60 valuable days where your health is more important even than the money you may win.

My fingers are crossed for November and I will be looking out for a post hopefully saying you WON!

PS dont dress up too smart for the hearing or preen yourself too much or be too smiley and talkative...in the UK these things are used (wrongly) to assess how your pain affects you!

We all instinctively make a huge effort for 'occasions' and your suffering at the time or afterwards for making this effort will not be seen or known by anyone but you and make give the impression you are able to do it all the time...when I'm sure thats not your reality.

If your pride allows it...normal clothes and hair no makeup and any walking aids would be best....and vocalizing any discomfort sitting for a long time or taking cushions into the hearing would also maybe be outward signs of how you are actually feeling.

 

[harpert]

Keep your head up and try to stay positive. I gave up waiting for my hearing and just went back to work two days ago. I'm already having problems with my feet and having to walk from one end of the building to the other to take attendance for another classroom......Don't give up. Praying for ya.