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Author Topic: Received decision from 3rd hearing... Denied Again  (Read 8605 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 09/19 Recon 3/20
ALJ 06/20 AC 10/20
Federal 10/20
New app 10/20 Recon 10/21
ALJ approved 3/22 then vacated
Fed Remand 1/22
Fed and ALJ combined: Won via OTR 7/22

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.

ChrisEMT

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Re: Received decision from 3rd hearing... Denied Again
« Reply #6 on: July 09, 2022, 03:09:21 pm »
the 2 judges had said that I should be able to do work as a 911 dispatcher, even though my doctors had given me several restrictions, including having to elevate my feet for 15 minutes an hour, every hour, and I have been restricted to working 3 days (24 hours) a week max....  The vocational experts at all 3 of my hearings had said that there were no jobs in the national economy (not only my PRW, not the national economy as a whole)....  Also, none of my PRW has "part time" hours or schedules that would be accommodating to my restrictions.  Also, fo rme to get my 911 dispatching certifications back (they expired over 15 years ago now) it would cost me about $1000, which I cant afford...

I currently work part time, 21 hours a week, just so that I can pay rent and am on SNAP to put food on the table.  the only pluses are that my employer makes a lot of accommodations for me so I can get my work done and I get a meal every shift (I work in the kitchen of a restaurant, minimal lifting, and I sit most of the shift).  I also go home and am in bed for 2 hours for my back and elevating my legs, as well as taking prescription meds and Tylenol to help with the pain.  If I quit, I will be evicted, and no section 8/public housing lists open in CT, so that is not an option, especially since I have kids and can't "couch surf" until I get approved.

The only medical options for me to be able to even be remotely work anywhere near full time is narcotic pain meds, getting my medical marijuana card, or bet back surgery....  The first 2 would make me lose my CDL and my CCW.  Neither of which I am willing to give up until I have to, and as far as back surgery, as I told my doctor, it goes either really well or really bad, and unless I am told I will be in a wheelchair in less than a year, it was not for me....

Cayde-6

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Re: Received decision from 3rd hearing... Denied Again
« Reply #7 on: July 10, 2022, 08:42:13 pm »
That sucks but some people just don't understand when you deal with back pain even "sedentary work" can be too much. Hel I am just stand, take a step, walk or what not and scream out in pain do to my back pain and I don't think a employer wants that.

Tapnik

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Re: Received decision from 3rd hearing... Denied Again
« Reply #8 on: July 15, 2022, 10:27:04 pm »
I went through something similar. I've always worked a desk job and could no longer sit for long periods of time because of my back. I ended up being let go by my employer after being on long-term disability for so long and couldn't find a job to accommodate my limitations. I filed for Cash Assistance (welfare) with the County while waiting for my Social Security decision. Are you able to do that while waiting for the whole process of social security disability filing/court/etc? I know it's not easy. Hang in there.

Just Me

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Re: Received decision from 3rd hearing... Denied Again
« Reply #9 on: July 16, 2022, 01:39:53 pm »
Many states do not have welfare for the disabled with no dependents. The amount of welfare cash assistance is not much. All income is counted against the monthly amount of the benefit. But it does not hurt to check with the state you live in to find out if they have it and the income and resource requirements.

I understand your concern regarding opiates. But opiates enable countless people to work and perform ADL without any problems. If you wait until your back gets to the point you will soon be in a wheelchair. Do think the outcome would be as good as it would be before it got that bad ?
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.