Did ALJs scathing report ruin my chances?

[sagasmommy]

What is the name of your state? West Virginia. The Appeals Council denied my request for review of ALJs decision. My only recourse now is District Court, correct? I originally applied due to Lupus, neck & joint pain, and depression. I now receive free medical care, which enabled me to finally see a rheumatologist. She has done a battery of tests (She found that I only have Discoid Lupus) and feels that if this next group of tests prove negative for anything specific, I probably have Fibromyalgia. Will this help my chances of getting disability? The ALJs denial of my claim seemed almost too personal. Things such as: "the patient claims she no longer drinks alcohol, yet she still attends AA meetings" and "patient constantly complained to doctor that she has financial problems. It is my belief that she hopes to get a favorable decision for financial gain." So, won't district court discount the new information? Also, Initially, I used the day I was fired from a job (10/03) as my onset date, however, afterwards I attended a Junior College also working there as a Work Study Student until my graduation in Dec. 2005. If I begin a new claim and change my onset date to 12/05, will that help my case? Or will my old case ruin my chances? PLEASE HELP!

 

[las365]

I don't know the answers to your questions, but I will say that someone who views attendance of AA meetings as evidence that you are not sober seems to be operating from a position of some ignorance.

However, it sounds like you had a credibility problem at this level, which may not bode well for you at the next. Hiring an attorney may be your best strategy.

 

[BL]

What is the name of your state? West Virginia. The Appeals Council denied my request for review of ALJs decision. My only recourse now is District Court, correct? I originally applied due to Lupus, neck & joint pain, and depression. I now receive free medical care, which enabled me to finally see a rheumatologist. She has done a battery of tests (She found that I only have Discoid Lupus) and feels that if this next group of tests prove negative for anything specific, I probably have Fibromyalgia. Will this help my chances of getting disability? The ALJs denial of my claim seemed almost too personal. Things such as: "the patient claims she no longer drinks alcohol, yet she still attends AA meetings" and "patient constantly complained to doctor that she has financial problems. It is my belief that she hopes to get a favorable decision for financial gain." So, won't district court discount the new information? Also, Initially, I used the day I was fired from a job (10/03) as my onset date, however, afterwards I attended a Junior College also working there as a Work Study Student until my graduation in Dec. 2005. If I begin a new claim and change my onset date to 12/05, will that help my case? Or will my old case ruin my chances? PLEASE HELP!

I'm not sure if you understand the process after the AJL's denial , but I'd strongly suggest a consult with an SSI Attorney ( the consults are free ) . If the Attorney thinks you have a good case , you should retain the Attorney on the contingency basis .

Consult ASAP , as there are time limits during the process .

 

[sojlaw]

Hi,
I recommend filing again asap and of course, retaining an attorney (not only are consults generally free, the fee for full representation by most skilled attorney's is contingent on winning, as we know we are able to provide such competent representation as to feel confident we can win), unless you have educated yourself fully on SSA law - which it does not seem you have. Your chances prospectivly will not be ruined by your prior case, in and of itself, but if your medical evidence previously is damaging to your case, newer evidence since then will certainly be helpful. This is not simple to explain in a paragraph and is very fact/case specific.

 

[ralphyson]

I going through the same type of thing, the report to and from the judge does nothing but make me look bad saying that i still drink and i have not had a any alcohol in years and also in my report the judge assumes i have dui's and thats why i dont have a drivers license not that it just expired and also that i was fired from all my jobs cause of drinking and drugs all lies . I really feel that the judge and my therapist did nothing but bash me and on lies . Its bull**** how they act toward people filing for ssi . I really dont know how to answer your question but i hope you find out somthing , good luck.

 

[seagoing]

I would re apply with new evidence,and leave everthing about AA etc.to myself.What some may see as a positive others may see negative.AA is great,I know a few AA's,their lives are great and positive.However,they keep it to themselves,and you see why they should.Also,going to school and working there is proof in SSA's eyes that you can function OK and perform gainful employment which is about $1000 a month or less.It's the way they see it,not us that matters.