ALJ Brief

[VetForUS]

If at the end of your ALJ meeting the ALJ tells your lawyer to prepare a brief about you being disabled is that a good thing? The VE in the meeting could not find a job on the economy do to disabilities. We are hopeful but don't know.

VetForUS

[FormerDE]

If at the end of your ALJ meeting the ALJ tells your lawyer to prepare a brief about you being disabled is that a good thing? The VE in the meeting could not find a job on the economy do to disabilities. We are hopeful but don't know.

VetForUS
__________________________

The fact that the VE could not suggest a job in the economy that you could perform due to your disabilities is certainly a good sign. However, the ALJ requesting that your attorney prepare a brief about your disability seems unusual. Normally any brief is prepared by the attorney before the hearing. Did the ALJ explain in any detail what specifically he wanted the attorney to present in the way of evidence or a rationale?

FormerDE

[VetForUS]

Basically stating no job existed and her treating PCP should have carried more weight than the DDS since the PCP has many years of treating and a very favorable impairement questionnaire.

[VetForUS]

I found my own answer. Post-Hearing Submissions is what it is called. In some cases, the ALJ will ask for additional documents to be submitted after the hearing. It is also possible that the ALJ will ask for a written argument, or brief, after the hearing. This written argument can be in the form of a letter and simply states the factual and legal reasons that support a position on the case.

I guess we will have to wait and see.

VetForUS

[Jo Ike]

vetfor us

I had a VE at my hearing, he couldn't find any jobs for me, I also had allot of medical documentation & a lawyer also.

I think the VE really helped in my case. ALJ approved me 2 days after hearing.

[VetForUS]

Thanks Jo,
My wife had a lawyer and a ton of medical documentation. Hopefully we'll hear something positive soon,

Thanks again,
VetForUS

[DeltaT Wade Gates IX]

Dear Bro,

I would like to welcome you home when ever you came home. I am a Vietnam combat vet (DeltaForces and I feel for you dude. It took me a full 23 months to get denial number two.

Once I gave my lawyer a call telling him I got the second one. He came over I am bed rideen then as I am now to take some photos. I was 112 lbs when he took the photos from a failed 3 level lumbar fusion and two level cervical fusion I had been 175lbs for 25 years.

I have Osteoporosis that of a 107 year old woman today but a 96 year old woman when he tried the fusions. They failed miserably and it6s is very painful besides the Chronic Intractable Pain from my failed spin fusions anyway.

There is nothing they can do for me medically or surgically leaving me no options but Pain Management for life. It was to be a 1 and 1/2 hour operation so when I was out for 13 hours I knew it couldn't be good news. It was eveident even to me when he showed us the actual x-rays tat the screws were pulling out and no fusion ever took place.

A simple $300 dollar Osteoporosis test would have saved a great deal of time and money because typically this is a woman disease. That agent Orange got to me and I have passed it on to my sons now that are grown and married.

I wish you and your wife along with your family the best. Its not an easy thing to take when you wereactive. I was 8 years old when they found out how bad off I really was. The fusions you must wear a hard shell body cast 23 1/2 hours a day the 1/2 hour is to bath or shower should I say I can't bend.

They coined the name The Tin Man from the Wizard of Oz because of the way I use to walk when I was on two canes. Tye docs said he thought at the rate I was at most likely i would be in the wheel chair in five years and it came true. Good luck to you things could be worse bro.

Sincerely, Delta-T aka The Tin Man

[VetForUS]

Delta-T aka The Tin Man,
Thanks for the kind words. I am sorry for the things you are going thru. I wish you the best also. Have you checked out the Veterans Benefit Network? It is a great web site for Veterans.

Thanks again,
VetForUS

[heythere]

You know they really should rename SSDI to HOSPICE because that is the only people they ever let through without a fight and then they sometimes don't do it then!!!!

Just Venting!

[notnu2cp]

I also went as far as ALJ and had a terrific Judge as well as a VE and he went above and beyond by telling us in hearing that he approved me but he also asked for a couple of records that the Attorney had that were not entered into the origional records for whatever reason. The Attorney simply faxed those to the hearing office upon return to his office and that was that. It may have had to do with the fact that the origional disability that we made claim on was not the one he granted me on.

This being said it is why I cant stress enough to those going into hearing stage to make sure they have ALL edical records available to the hearing Judge. It was easire to base his award decision on another medical problem I had then the one we origionally filed on and it had something to do with the qualifying rules anyway I was sure glad the Judge cared enough to ake it noted!

I might have been thru the process alot sooner had we known that it was a "safer" qualifyer then the one we were using. Never think something is too unimportant to include.

This seems to be a comon thing among folks with mulitple disablities.

Here's hoping you here sooner rather then later my friend.

Wanted to say hi to Wade,and sure is good to look down and see you my friend. Been alot of years!

Hats off to all you Vets! I personally think that fact alone should be enough to push you thru the process.

[DeltaT Wade Gates IX]

Hey Bro and All Here at Brain,

It really made my late or should I say early morning to see I got get a note back. I don not know for sure if I been to the site your speaking of. It would be appreciated if you would place the URL for the site on a reply.

I been here when we were MGH Brain Talk still John Lester's baby since the first quarter of 2000. My wife was then a Big Brother freak and was afraid to go online. She now works for our ISP at the telephone company here in the extreme northeast mountains way up here in Georgia.

We are at the tallest spot here for our elevation most locals have to go about 1,200 feet to get fresh waster and I do mean fresh. It was time when our sons were 5 and 7 that we said no more cement jungle for these guys they were being forced mind you to take another language had we stayed in Miami or actually Homestead.

We lived one mile off the west end gates of HSAFB as you can see this was pre-hurricane Andrew. I worked for the local Coca-Cola Bottler which Miami owned all the bottling plants from West Palm Beach to Key West. Since Key West was closed but a US Landmark Historically they had to keep the building up and in perfect condition Key West as if it were new.

We handled the service from Homestead for Key West. Starting my career before becoming a VP in Atlanta those streets in Key West were so narrow you could touch the car door in the other lanes. Always wondered how the route truck with the product on them could even turn a normal street corner. The street were narrow, skinny and a beautiful just simply a beautiful town.

I can see back when Hemingway was alive why he loved the environment, Yet today it is completely different type of atmosphere as the population has changed so much. The bridges Henry Flagler built plus used to shuttle people from Miami to Key West. Today are the old rail road that was removed by the great hurricane of the late 20's. With the depression going on Florida was able to by the old rail way lines for 750 thousand dollars back then. Old Key West has a neat flag shaft with the USA Flag as the top flag, the Key West Conch Flag when they tried to succeed from the US in the early 80 just before we got the hecc out.

I was harassed due to the illegal cocaine traffic each and everyday and was sick and tired of it. This was while driving a Coca-Cola truck (van) full of service parts. I am a (EE) or Electrical Engineer. It made since for Coke local to place me with all the people at Burger King who are located in the very south end of Dade County on Old Cutler Hwy.

We were offered the plant down on the "Rock" as Coca-Cola plant manager in the late 70's but did want to live on the rock as we called it. You actually 91.2 nautical miles from Cuba at the spot where the flags flights that I mentioned.

A vacation consisted of two week on the mainland in Miami where we both grew up. There was a shoot out at the local mall in Miami we were shopping with our boys again at 5 and 7 years of age. All over the same thing back the it was only then 80% of all illegal cocaine coming in to the US was byway of Key Largo Airport and Marina. It also was the reason I was stopped daily by what we had never witnessed until President Bush Senior came into power.

He had placed the border patrol from the west coast. They are the same patrols I personally seen in the southern California area and the same ones in green suites that I have had the pleasure of seeing at the US and Mexican Borders. As mentioned I covered the entire area of North America by air that there was no pleasure in flying any longer.

A typical day would be scrape ice off your rental car in Virginia Beach VA for a morning meeting with BK, onto having another lunch meeting in Atlanta with another BK office finally settling in and having dinner in Tampa Florida on the water having dinner. What most think for traveling for a living is you always on vacation.

It is true (if you were single) I am guessing that you feel like it because you have been to every small town in a year by jet, puddle jumpers then rental cars to finish the last 50 miles or so. What is not in the equation is missing out being home every night for dinner.

There is absolutely no fun being away as traveling husband father. It is for you wife and sons you feel that they can never pay you back for that lost times and it is so true (trust me) my oldest son is the number one sales manager and salesman and travels today.

You are even somewhere in the air , eating alone on important day such as your 40th birthday then before you know it is your 30th anniversary. If not for the years of stock we earned I would have been able to live without loosing everything while waiting those 23 months.

We meaning my wife and I knew we were eating up the boys college money but we did not starve or loose our house because we had the stock. Our little boys are now grown, married while our youngest son the youngest is fellowshipping right now in Detroit as a Chronic Pain doc. He is already a doctor and did his residency and worked the odd shifts and long hours in the E.R.

You have to grab a fellowship in whatever specialty you want to be in. He did this all on his own working full time while being a store manager for Staples even when he was in college as well. He is the son with a 4.0 average since being in school and when he was challenged by his brother he joined the wrestling team and made Varsity for five years.


His brother ribbed him so bad for having a good photographic mind. On the other side of the coin I have as well as my oldest son severe Dyslexia as well as ADD (he is adhd like I was at his age) was not labeled when I was a kid. My grand mother taught school for 45 years and called the three boys born the same year lazy because we all had dyslexia.

I truly would appreciate you posting the website or URL for the site you mentioned. I may have been there but I tend to stay away from even really speaking about Nam. It has me at my age still sleeping with a night light or my night stand light on every since I got home. My wife and kids are use to not touching me to wake me or say there is a telephone call. I told them early on don't ever touch me when you might think I am sleeping my eyes might just be closed.

Take care dude and I appreciate that URL. I am sorry but I haven't been able to be as articulate as I want with the dyslexia and not knowing how to use the spell checker. I am really a spiny patient but I am in Chronic Intractable Pain 24/7 which is on yoour mind the same,,, more than I relate to the actual operation of why these days.

Sincerely, Delta-T now living in the DMZ



" It Is More Important To Have Imagination Than Knowledge" by Dr. Albert Einstein (also was a severe dyslexic) another silent disability that doesn't require a wheelchair.

[DeltaT Wade Gates IX]

Dear NotNu2CP,

I can help bu to say yepper the so called conflit seems so long ago one day then on the other hand I can remeber telling youngerh N.F.G. that just came into country two things. Do not and I repeat do not salute me what ever you see on my collar.

And please don't call me sir unless you like KP duty. I am here like you but "charlie" Sorry I can not capitolize them even today. All F.N.G. make the same mistake but that comes from being state side. Once on US soil then a salute was appropiate. I tried to beat he$$ t get the ears of people in Washington to tell all New Fing Guys to not have to salute an officer

As always it fell on deaf ears. I was a kid teeling kids what and how to do something. The number one thing was learn to stay alive. That is common thaat the N.F.G. did not understand why most did get friendly unlss you were there at least two weeks. It is hard to even think of the things that were said and done.

I had never heard or seen any war or conflict won by running the whole operation from Wahington D.C. All wars ever won were won by the leadership in country where they know and see what is going on. Most excaped reality by being a wet head or other means. It was said to see how many addicts the conflict turned out when we should have provailed..we coldn't with whar we had to go through and using old technology in many cases from WW-II.

Thanks for the nice thoughts it mmeans so much. Sincerely, Delta-T

[VetForUS]

Here you go Delta T.

http://vets.yuku.com/bvetbenefits

VetForUS

Let me know when you get there.

[DeltaT Wade Gates IX]

Hey VetsFor Us,

Thanks is such a meager word and does not articulate what it means for some one like you to post a handy link for others who like me. have severe dyslexia since I was a child of 8 years of age. This is a great link I do appreciate that you placed it so I could click on just the link. I use a Voice to text program which keeps learning my speach pattern as well.

When you are that young and your grandmother had taught for 45 years in a one room 1-12 grade school house they did not have labels to give children. There was not ADHD or Dyslexia it was more like lazy, dumb, stupid, stupid idiot, never maybe he has a learning disabily. Turns out that 3 of the boys out of 27 total had dyslexia all born in same year makes you think does it?

It only seem to make sense to a child that everyone must see and read like I do. It was evident when I was in High school something was amidst yet the three of us first cousin out of 27 had it just as bad as the other.

One year one of my very close cousins who I gave my share of our families acreage to him because back in 1992 he had lived with his family on the 2,00 acres that were being jeopardized by a non family member after the aunt who owned all 2,000 acres had passed away. He use to have chores for me like replacing a starter key switch in his Cadillac or putting together a complete Bowe-Flex machine in his living room of the old house next door that they lived in when we were kids.

He had not been tested at that time around 1995 but Bee and I kept up my families tradition of a weeks vacation in Selma, Alabama. My fathers side or the Gates side of my family all are scattered from southern most city Mobile while other are in Montgomery all the way to Birmingham.

We would go even more often after moving to Georgia a five hour trip to see all my kin folk. They hunted on the land however I have used a long gun and or rifle for those that don't know what I am saying. I can not travel that far even laying flat in anything and cabin pressure whill bring you to tears. So I travel the world these days electronically thanks to someone.

The property they loved so dearly became an investment to a Dentist in Mobile who wanted to buy up as much of the land as possible to create a hunting club. We saw it differently so we had a "Timber Man" walk the entire property and estimated how much the lumber alone was worth. I told everyone the timber is worth far more than acreage way our in the middle of no where.

On top of that it had another 22 building that were consider houses back in its day or the 70's some or a few are still being rented for a dollar a day. They should be condemned because there are no inside bathrooms they still utilize the out houses about 300 feet from the old wooden homes. They would even qualify for a shed in my opinion.

The so called houses "old shack" at best with wood heat for the winter which it does snow there. There are even people who buy the old timber from barn and building it pays better than a living tree. It would be at least another option than just selling out for those that wanted to keep their acres

I was right when the "Timber Company" did their estimate we had more in wood than in land money wise. Here they were trying to sell in 1993 the acres at $650.00 per acre. The timber combined plus there was more timber than anything per square acre.

Turns out the property when the timber was added in was worth $1,400 per acre. So we decided to hire a company to do a comprehensive study on the land. lumber, building to include all assets however small it maybe. We had been leasing out 1,500 acres to a real live person to hold and house his cattle while my grandmothers sister lingered on in a nursing home not even knowing her name always in a fetal .

At 97 years of age or in 1992 she away leaving great deal of confusion on one hand and geed due to money on the other. The feuding, fighting and bickering proved to be more than I could handle. All my dad's oldest brother wanted was to keep all 2,000 acres together and in the family. He paid all cost for legal fees...I sure could use that money today!

The timber if sold separately without selling the land was worth 1.2 mullion. There were more hard wood like oak and maple is why I even brought it up in a family meeting. I represented my fathers side or five people and made the decision for us. I had always said even though my father committed suicide Memorial Day in 1989 at 62 1/2 years of age. I did not ever want a thing and would not want to profit from my father in any way .shape, or form.

Alabama law is different from Florida and Georgia when it comes to land. When it is owned by a person and the pass it drops down to their families be it one or 12.. Like my fathers had a percentage or 1/5 having five direct brother and sisters.

Then in my family it was split 4 way my mother, 2 sisters and myself. That mean we all would receive 1/4 th each... of what my father 1/5 th was worth. It added up to a great deal even if one of the 1/5 and all of them were living but my dad.

If the lumber was worth by itself 1.2 million you can imagine when you add in the real price per acre the actual land was worth. My dads oldest brother decided he wanted to buy anyone out who wanted to sell their shares.

My uncle also named after my gran father.simply just wanted to keep the 2,000 acres in the Gates family. He said he would buy anyone out if they wanted to sell to keep it out of a non family or outsider 'he Dentist" to get one acre.

Why because all he wanted again was to great Uncle had worked so hard to keep as it was still in an area the civil war did not touch the area at all. So my dads' oldest brother was not in this for money which we saw just before he passed from bone cancer...we got sick at the same time.

They made sure in the township I am speaking of they told a rumor that kept on spreading the town was full of Calare. It was a known fact back during the civil war both sides would go 100 miles out of their way not to get this deadly disease.

Both my great great grandfathers were war heroes for the CSA. Yet what a crazy war I had one grand father in The Union Army Calvary and the other was Canadian. The Canadian side of my family (my Mother) great great grandfather housed many North and South during the underground railroad days.

What a mix in a family my dads side I can trace back to Exerts County , England when Lt. George T Gates came over the pond to land up share cropping land in Orangeburg S.C. in 1688. We finally came over to the Selma Alabama area during the civil war. I

If you squatted on the acres and grew grain for the troupes then you could keep the land you squatted on. Thus the 2,000 acres that I choose not to take anything from. Wow how life was truly was hard back then but so is eating PBJ sandwhiches until you get your SSDI or SSI I ate my share until I got approved.

I gave my share of the 2,000 acres now were worth a great deal of money I suppose and gave it to my cousin who is also dyslexic he was tested three years ago ..I got tested last year. I had a wonderful 25 year career with Coca-Cola so it does shows you can be successful. I loved my shortened career and suggest to anyone if possible is to work as long as you possibly cab before giving up. If I would have listened to my pain radiating from my body I would have stopped in 1988 instead of ten years later. There is not a ton of folks who love their jobs but a career that you honestly enjoy is another thing. Looking at a ceiling fan 24/7 gets real old real fast. My legs stopped working all together after using two canes for 3 years now a wheel chair which I hate but is a must.

In Alabama you have to sell you your property for a one dollar bill cash. It use to be silver or a silver certificate dollar once CSA money became worthless. I have a couple thousand for keep sake in CSA money and will pass it on to my sons.

It all truly is in really good shape for paper bills but is as useless as newspaper that is unless you were to sell it to a coin collector or dealer. My family sold out both sisters and my mom which made me look like a fool in the other families eyes.

The reason I gave the property to my cousin he was the same age and has lived on the property with his father (dads oldest brother) and 3 other brother. He gave me a dollar and got a receipt I sent him a dollar back in the mail believe it or not.

He just happened to carry the same name as my grandfathers' my dads father his fathers, and his father's in fact he would actually be a Gates IV. What a way to grow up... thanks...to my parents we could choose what church Catholic or Baptist or what ever faith.

My dad would eat anything but southern style food in fact he never ate a slice of pizza.."his loss"...He sent my mom by train when he got out of the Navy after WW-II to visit his mother. He wanted here to learn to cook his food the way he had ate his whole life.

What a difference in generations. My wife would say bite me if you don't like it go get some Burger King. I do actually love to cook and bar-b-q when I was able to stand up right for more than 5 minutes.

I must say dyslexia is why one rambles I found this to be true with everyone I ever met who dealt with severest forms of dyslexia. It is not only the spelling, grammar, and reading is not our strongest points it is the rambling I just did and gets to my wife of 33 years sometimes.

In fact Albert Einstein was also dyslexic and has more honorary doctorates than any man or woman. It does not mean anything more than a dyslexic person uses the right side of their brain to process these item and the normal population uses their left side. The doctor said it is why I can listen to Stairway to Heaven two time and play it back on a 12 string guitar note for note without seeing the sheet music.

I do read music today I started guitar lesson at age 8. Actually I can play any string instrument except the violin my wife bought for me 40th birthday. (we call it a fiddle because I would not play Betoven with it but Blue Grass i.e. Foggy Mountain Beak-Down.

Yes guitar lesson were a grand total of $3.00 per half hour and it came out of my mom grocery and house hold budget every week. She never let me forget it and always threatened to take my guitar lesson away her way of being controlling.

After all I had sisters the two of them were ten years apart I was the middle child and had to eat all the SH@# in the house my oldest sister was and still is vindictive. I wouldn't care and don't any longer I worry about my little family being two sons and my wife of 33 years.

My family dropped me like a hot potato when I became totally disabled, six major surgeries starting in 1998 lasted for two years. I am bed ridden for the most part and live in Chronic Intractable Pain.

They stopped speaking to me once they found out I am not a medical candidate for anything after a three level failed lumbar fusion with titanium instrumentation and a 2 level cervical fusion as well. I have Osteoporosis that of a 107 year old woman if there is to be one from the inhalation of agent orange ( a defoliant used in country) during my vacation to Nam.

Thanksa fdore the kind welcome here on this forum.

Sincerely, W. Wade Gates aka The Tin Man

[notnu2cp]

Thanks for the memories! I recall coming to BT years and now years ago right after I became a CPer but long before I accepted it as fact,surfing,searching for miracles,answers,prayers,anything I guess that meant hope,back when the server was up more then down for weeks and months even at a time,reading your words in the lonely dark hours at night with only my misery to keep me company since my family too decided I was a lost cause!

You may call it rambling but to those reading it is escape to many places and times long forgotten,maybe never even known,a world and reflection of things some of us only could read about likely never fathom.

You are legend by those who were here then Wade for you many times were that voice in the night that reached out and saved us from ourselves and I have read enough praises thru the years to know I was not alone in using your River world posts to hang on to my sanity and is it ever great to "hear" and "see" that voice here again.

All those archives are all lost never to been read again and that in itself is a tragedy for they help so so many a valuable lesson and more experience then possibly the entire web. Alot of those old ones are gone,many to the lost battle with CP many to their each illness but somewhere in my mind their voices still echo of lessons long ago taught.

Just wanted you and others to understand how much of an impact written words here can mean to someone and its possible that person may not ever post and you may never even know they are reading,just look at the number of veiws to the threads to get an idea!

With that being said I am truly glad you have found the strength and health to return here and spread some more hope for others for awhile and I hope that all who come here take a little piece of each of us with them in the advice and comfort and support that makes this place what it is and what it has always been,what John meant it to be all those many years ago when it was merely a dream for him.

I hope you continue to have good days ahead Wade and may your health be as good as it can be and certainly as painless as possible in this world we are forced into.