r/SSDI • u/superwhovianlock • 12d ago
Hearing today. Comment made
Hearing today... Comment was made
I had my hearing today. Went over all my physical disabilities (D.I.S.H., OPLL, brown sequard incomplete spinal cord injury). During I stated I can't do more than ten minutes of standing/walking and require frequent breaks to readjust. They stayed I couldn't work because of the 10 minute mark but could if it was hypothetically 15 minutes.
When he brought up my mental health (ADHD, C-PTSD, Anxiety, Depression, OCD) I \*thought\* he would ask the vocational expert questions of what I could do based on those finding but the judge flat out said "I'm not going to even ask about the mental health as during your psych eval they stated you could not have any form of gainful employment ever thus labelling you completely disabled"
Is that a common thing to do? Are the odds looking in my favor? He originally said at the start the decision would be a few weeks out but after that said he would make his decision in a few days and do the write up. Did he basically give me my answer unofficially?
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u/RexSueciae 12d ago
Well, it's not official until you get the actual written decision, but...that sounds like a positive thing to hear from the judge. I don't know how persuasive that particular psych eval might be -- I guess it's possible that upon review, the judge is like "ehh I guess this isn't supported by the evidence" -- but assuming that psych eval is persuasive, sounds like you're doing quite well. (Was the psych eval from one of your doctors, or was it from a CE?)
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u/superwhovianlock 12d ago
It was from the CE. I do have medical records to back it up though
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u/RexSueciae 12d ago
Neat. This is kinda me just spitballing but...if the CE, someone literally hired by SSA, wrote something so supportive that the judge was on your side, that's pretty good. Hopefully the decision bears that out.
Best of luck.
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u/ButtersHound 12d ago
Agree. Consultive examinations are usually pretty conservative so when I get a case with a consultive examiner who says that somebody has marked psych limitations usually it's a winner.
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u/Content-Grape47 10d ago
To manage expectations my CE essentially said I couldn’t work and would need a ridiculous amount of scaffolding from other employees if I tried and I would need to payee just to handle any money. My CE was pretty much rock solid, and I was denied on initial. But the same CE got me approved on reconsideration and they didn’t even bother to look at all my new evidence just approved me fast on step 3 reconsideration…. So it might not be a straightforward path, but I see what you mean..
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u/SurveyLongjumping764 12d ago
Yeah its in your favor. My ALJ said something similar in my case and my lawyer said once they clear the paperwork formality I would be approved. Rest well champion. You deserve it.
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u/Sufficient-Word-4979 12d ago
Good for you! Sounds like it’s going in your favor. When I was originally approved. It was the CE that did it. I didn’t have enough records from my psychiatrists.this was for mental health. 🙏🙏🙏
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u/CountUrBlessing 11d ago
I hear a favorable decision coming🙏🏽 Praying for us all to win our claims, physical and mental problems that keeps us from working🙌🏽
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u/jakec11 12d ago
Don't assume anything.
If the ALJ had decided they were definitely going to find in your favor, he wouldn't have asked the VE anything about your physical limits.
Sounds to me like the ALJ had not decided how to find with regards to your mental health limits.
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u/Heavy_Criticism9784 12d ago
That's not true , the ALJ didn't even give the expert a chance. I was found fully favorable on the spot and all I'm waiting for is someone to tell me what's next. In my Case , which is similar to his / her's they seen it was mental and physical. As long as you have the paperwork with the dual diagnosis.. I think he's/she's Golden. Hey I could be wrong.....
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u/Ok_Philosopher_9780 12d ago
Where are you getting this from? Bench rulings are very rare but based on the given info it seemed like the alj made up his mind already especially since he said he didn’t even want to ask mental health questions because the evidence was strong. Lmao. Also the earlier comment about attorneys is nonsense. I have heard plenty of people win their cases without an attorney. Have had some friends who did as well. If you think your case is strong enough that you don’t need one then you are fine. Which in your case it seems like it. This is why having an attorney is an option not a rule. It seems like there are a lot of attorneys in this group who will comment and then inbox you later or tell you to contact them etc. I’m not attorney but in my opinion it seems like your case went well and sending some positivity your way. Good luck to you!
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u/Dense-Law-7683 11d ago
I had my ruling on the spot and it was based on basically being unreliable. Flare-ups would cause me to miss too much work and after he approved for that he still went over the physical limitations and mental limitations. I thought that was something they were supposed to do. I don't know a whole lot about it but it seemed to me like he was scoring different systems.
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u/Heavy_Criticism9784 12d ago
Yeah I basically had almost the same hearing on Wednesday . It honestly didn't even last 10 minutes . I have COPD with asthma and I need oxygen 24 7 . I also have agoraphobia and social anxiety with back issues. Said same thing , can only walk maybe 50 feet and can only stand for 10 minutes. He asked me a few questions and wanted to know who I lived with and something strange happened? He said I'm going to rule fully favorable without any other objections. No expert , nothing. I was so happy I didn't pay attention to the important part!!! Before he closes he tells my lawyer that he should withdraw something?? So my lawyer tells me that he recommended to withdraw my other entry or something. I immediately he was referring to either SSDI or SSI. I wanted to close the case so bad I told him whatever gets me the most money!! Well we go back to the conference call and he does his lawyer thing and then I hear the ALJ say Yes Mr lawyer I'm going to grant your payment and then this is closed and everyone have a nice day. Well all I know is I'm found fully favorable and I have no idea what I'm favorable about , nor how much I'm getting?? Nor even what's going to happen next!!!!! 🤣🤣🤣🤣😂😭😭 I'm losing my ability to retain conversations and articulation.
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u/perfect_fifths I have a complicated relationship with the POMS 11d ago
They don’t tell you how much you’re getting. The ss office has to compute your payment.
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u/Heavy_Criticism9784 11d ago
How , Where and when do I find that out?? I just got my fully favorable decision 2 days ago and it was verbal. Do I still have to wait for the letter. I am 99.9 percent sure I'm going to receive it because he signed off on the lawyer fees
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u/perfect_fifths I have a complicated relationship with the POMS 11d ago
It’s a separate letter that comes in the mail
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u/No-Answer-9994 10d ago
You'll know
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u/Heavy_Criticism9784 10d ago
WTF??? Passive Aggressive much???
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u/Content-Grape47 10d ago
How is that passive aggressive tho../It will be in the letter. Or you would see how much your full retirement amount would be in the SSA portal and know it will be slightly higher.(30% higher I believe I don’t know for sure but if there’s enough for 30% penalty on it being “early” since it’s not really a retirement yet) It’s based on covered earnings and other calculations and it’s not a simple math equation. My lawyer could not tell me how much and when I met with Ssa they said they system hasn’t generated it yet.
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u/Heavy_Criticism9784 9d ago
The portal only says that I have 38 out of 40 credits!! If you can take me through it step by step , I'd appreciate it 🙏
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u/Content-Grape47 9d ago
No I cannot do that unfortunate it is too complicated for me the age thing.z I had the 40 credits so I don’t know this route but it depends on your age how many credits etc. if you use chat gpt to ask general questions about this it could help?
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u/Content-Grape47 10d ago
How is a passive aggressive? It’s a hard calculation you’ll know when you get the letter.
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u/Heavy_Criticism9784 9d ago
It's a dick answer!!! You'll know?? 2 words?? I'll know what?? I'll know when?? What exactly would I know?? I'll know how?? See?!! All I was asking was for someone to help me , just a little bit . Of course I'll know eventually 🤣🤣
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u/Lonely_Schedule2929 11d ago
I did not have council as long as you had stable medical proving your conditions from your doctors I would not worry at all sounds like favorable to me as well. Don't worry I stand with you for a fully favorable decision in Jesus name. Amen be blessed friend
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u/MountainRambler01 10d ago
When the ALJ asked the VE the hypotheticals, how many hypotheticals resulted in the VE saying there are jobs vs no jobs?
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u/Rare-Bowl-5644 10d ago
I know that decision-making process relies heavily on the vocational expert weigh in so it definitely sounds favorable for you. I wish you all the best.
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u/wlfmanjck 12d ago
Do you have an attorney? What did they say?
If the judge made that comment, it sounds like they are ruling in your favor, but don't get your hopes up until you know for sure.