The toughness of the judge will vary based often on how many people
they have seen that should not even have applied at the beginning, it
effects their view of applicants. The reality is they are suppose to
"be tough" because there are many, unfortunately, that do apply for
frivolous reasons because they don't want to work and are trying to find
an excuse.
When I went to my hearing the judge had obviously reviewed my case,
because he asked a couple of specific questions in regards to my
medical history. He asked me a few questions, these are the ones I can
remember after over a year:
-Why do you think you can't work any job? (if you are asked this don't
ramble, be specific.) My answer was something like- I am unreliable to
do any job because I no longer learn well, forget how to do even simple
things soemtimes, and I cannot be counted on to be well enough to
consistently go to a job day to day. Both my memory and concentration
are terrible, and my fine motor skills make many tasks extremely difficult.
-Do you do any volunteer work? Be honest if you do. If you do, they
just want to know if what you are doing as a volunteer is something you
could reasonably get paid to do, and if you are doing enough of it to
prove you are capable of working. I told them I did because I do. 2
hours once a week at my sons school helping do things like hang up
stuff. His answer was "nothing significant".
-He asked what help I had at home. I told him my husband, and that I
had to hire a teenager to clean my house because I couldn't do it
anymore. I told him my mother in law had spent weeks at a time with me
after surgeries to make sure my son was taken care of while my husband
worked.
-He also asked me some specific information about my condition. I think
they do this to see if you were honest on your application, and if what
you say matches the medical records they have. It goes to your
"reliability".
-A lot of what they ask is to see if you are reliable in your
testimony. If they catch you in lie because you say something different
then your medical record in a significant way, that is not good.
At the end he said "I determine the witness is reliable and her medical
records prove a disability. I am granting a bench decision today in
favor of benefits. I don't know why you didn't get hem sooner." I
actually said "can you repeat that" and the lawyer had to tell me it
was ok.
Reason for my disability "Chiari Malformation". He actually ddin't say
anything about my epilepsy on it all, because you only have to meet one
listing and this is actually an ongoing condition for which I have
received the only treatment option and it will likely effect me for my
entire life despite being decompressed. This is actually good for me
because epilepsy can be expected to be controlled with treatment, where
as Chiari causes permanent damage. Yes in some cases epilepsy isn't
controlled, but that is not the norm. (wish I was the norm!) I think
the fact that i have 2 neurological conditions just made it easier.
That was it. The whole thing took about 20 minutes. Normally after a
hearing it can take about 30 days to get a decision in the mail unless
they give you a bench decision, which is apparently not common. Once I
had my decision it was filed within days and I got my lump sum payment
about 6 weeks later. 3 years back benefits.
One of the most important things to do after your hearing is to keep
seeking medical help. If you are awarded benefits they will determine
if there is to a be a review in 1 year, 3 years, or never. Almost
everyone is reviewed in one year, and they will get new documentation
from all providers then. If you have stopped seeking medical treatment
they will assume it is because you no longer need it. At the same time,
the theory is that it is nearly impossible to get on SSDI, but it is
just as hard for them to take you off of it unless a provider expressly
says you can work or you stop seeking treatment.
Kelly
On 9/30/2010 4:28 PM, christian yanez wrote:
> Thanks Kelly, that's good dvice.
> Although my lawyer said that this is the TOUGHEST JUDGE out there.
> My lawyer even told me that that he will FIND or try to find any of the smallest reason to deny you.
> I doubt if the person was missing a leg, arms and blind that he/she would be accepted.
> That's how tough this judge sounds.
> By the way, how did your hearing go?
> What kind of questions were u asked etc?
> Since I think you went in on the same problem as me, right?
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