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Author Topic: Received decision from 3rd hearing... Denied Again  (Read 837 times)

ChrisEMT

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Received decision from 3rd hearing... Denied Again
« on: June 13, 2022, 05:48:02 pm »
Hello,

Just got my letter today from my 3rd ALJ hearing from 2nd judge.  The 2nd judge had denied me, even though I have been restricted to working a maximum of 24 hours a week, and cannot bend, stoop, twist, climb stairs, or lift over 15 pounds. and I need to elevate my legs for 15 minutes per hour due to edema and vein insufficiency.  He also did not give much credit to the initial CE that I went to, even though that the doctor had stated that she saw and agreed with the restriction I was given.

The judge said he thought that I could do "sedentary work" even though the VE had stated that with the restrictions I have been given by my doctors, there were no employers that would hire me with the accommodations I needed, including being restricted to working a maximum of 24 hours a week.  In his decision he stated that I could work as a dispatcher (stating it is past relevant work), even though I have not worked as a dispatcher since 2005, and have not held any certifications since 2005 or 2006.

Also, all of my medical record show that the medications I have been prescribed have only made a mild improvement to the pain in my back and leg.

I have submitted another appeal to the appeals council stating the discrepancies in the judges decision.

I am hoping that they make a quick decision on my appeal, because as of our next lease renewal coming up (starting October 1st lease) our rent will be increasing by $500 a month, and we can not afford it with my work limitations, and our section 8 list and public housing lists are closed, and we get passed over every time they do open up.


newdawn

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Re: Received decision from 3rd hearing... Denied Again
« Reply #1 on: June 13, 2022, 06:22:50 pm »
Hello,

Just got my letter today from my 3rd ALJ hearing from 2nd judge.  The 2nd judge had denied me, even though I have been restricted to working a maximum of 24 hours a week, and cannot bend, stoop, twist, climb stairs, or lift over 15 pounds. and I need to elevate my legs for 15 minutes per hour due to edema and vein insufficiency.  He also did not give much credit to the initial CE that I went to, even though that the doctor had stated that she saw and agreed with the restriction I was given.

The judge said he thought that I could do "sedentary work" even though the VE had stated that with the restrictions I have been given by my doctors, there were no employers that would hire me with the accommodations I needed, including being restricted to working a maximum of 24 hours a week.  In his decision he stated that I could work as a dispatcher (stating it is past relevant work), even though I have not worked as a dispatcher since 2005, and have not held any certifications since 2005 or 2006.

Also, all of my medical record show that the medications I have been prescribed have only made a mild improvement to the pain in my back and leg.

I have submitted another appeal to the appeals council stating the discrepancies in the judges decision.

I am hoping that they make a quick decision on my appeal, because as of our next lease renewal coming up (starting October 1st lease) our rent will be increasing by $500 a month, and we can not afford it with my work limitations, and our section 8 list and public housing lists are closed, and we get passed over every time they do open up.

Very sorry to hear this (unfavorable) news and your significant rent increase.

Does the judge specifically address "the need to elevate my legs for 15 minutes per hour due to edema and vein insufficiency" at all in the denial? Does he not believe there is evidence that you need to elevate your legs at least 15 min per hour or does he think the job of dispatcher would allow you to elevate your legs 15 min every hour? You don't have to answer if you don't want of course.

Again, sorry. Denials are the worst.
Location: IL
Age at Application: 31
Disability: Depression, anxiety
Applied: 11/2013
First Denial: 03/2014
Reconsideration Denial: 11/2014
Hearing: 11/13/15 (Friday the 13th!)
ALJ Approval: 01/15/16 Fully Favorable
Back Pay: 02/13/16
Award Letter: 02/17/16
1st monthly benefit: 03/21/16

Disabledvet100%

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Re: Received decision from 3rd hearing... Denied Again
« Reply #2 on: June 13, 2022, 07:52:21 pm »
 Was your case remanded or it was it a new claim?
Initial & Recon 9/19-DENIED
ALJ Hearing 5/20 & Appeals Council 10/20 -DENIED                                             
Federal District Court 01/21- REMANDED
 SECOND FILING
Initial& Recon 8/20-DENIED
ALJ Hearing- 03/22 Fully Favorable than vacated
Combined ALJ Hearings with Remand-TBD

Kyjones68

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Re: Received decision from 3rd hearing... Denied Again
« Reply #3 on: June 15, 2022, 06:06:10 pm »
Sorry to hear your case was denied. I know how frustrating that can be  I was denied for thr 3rd time with the AJL also. My case went to federal and it has now been remanded back to the AJL. Just waiting for  another court date.
My doctors say the same thing. Feet must be elevated and no-one will hire with alot of restrictions.
Keep fighting. I've been in the fight since  2016 refusing to give up.



SteelCity1981

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Re: Received decision from 3rd hearing... Denied Again
« Reply #4 on: June 19, 2022, 03:07:38 pm »
Its disheartening. It's almost like some of these ALJ's use your past work history against you to deny you as if you can work the same job in your condition like you could years ago or a job similar with just less hours. I feel at times that there can be a total disconnect between ALJ's and the disabled person. 

Just Me

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Re: Received decision from 3rd hearing... Denied Again
« Reply #5 on: June 20, 2022, 04:11:24 pm »
You might have to quit working before you are approved. I understand the VE said no one would hire you with the restrictions you have. but  since you are currently working. Perhaps the ALJ thinks since your current employer has not let you go. That other employers would hire you. The ALJ could also be thinking you could work from home with your restrictions and background.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.