I had my permanent total disability hearing

Author Subject: I had my permanent total disability hearing
jimchudy Posted At 13:19:00 01/21/2001
I could not believe the hearing took only 8 minutes. The other side had no
one at this hearing. A quick review of our position was all that was made.
Our attorney asked the judge if he wanted further explaination on any
issues, and he ansewered, it was not necessary.

I realize 8 minutes was not much time for such an important decision. The
time allocation is 30 minutes for this type of a hearing. I do not know
what the outcome will be, but I am hoping the best.

When evidence is filed for these types of hearings, the judge reviews it
and sometimes makes a decision without a hearing because the evidence is
sufficent from the reports on file. We requested a favorable decision
without a hearing, because we felt the documentation was strong enough to
support this.

The hearing was still set. I AM ONLY READING BETWEEN THE LINES, but hoping
I am right. This case has no inconsistenties from evidence over time.
Workers comp IME states permanent, not employable because of condition(s)
of record. Out docs also say this. According to what I read this meets the
defination of permanent total disability. My thoughts are why go on and on,
and on when the judge says there is no need to, and he has no questions of
us, to further justify our claim. I think if we were losing, he would
question us more by saying things like what makes you believe your
conditions are so disabling? Don't the IME doctors think you can do some
gainful employment? Doesn't the vocational report state that you may be
able to do some useful jobs like telemarking?

I saw no negative remarks by the judge, and when our attorney questioned
him to detail other specific issues, he stated that would not be necessary.
Eight minutes is not close to enough time for a review of evidence to
justify this entitlment, unless his decision had already been made prior
to this hearing. I think (with my fingers crossed) it had been made. I now
hope is is favorable, VS unfavorable. I will let you know when I hear from t
his findings report. I have been told this report can take up to 4 weeks
because it is more lengthly than others.

IP: Logg
Please tell me Re: I had my permanent total disability hearing (Currently 0 replies)
Posted At 22:19:34 01/21/2001

Jim, was it a comp. hearing or a Social Security hearing. Please tell me more I think I'm in line right behind you, and I can't see where I'm going.
So please specify, so I can figure out what is next.
Was your comp. case in Appeal? Or did you have a specific hearing to determine the permanent status, I have already had my hearing. And SSI too. So I was wondering if this is something different.
Thank you for you help.
jimchudy Re: I had my permanent total disability hearing (Currently 0 replies)
Posted At 04:45:58 01/22/2001

This hearing was a workers comp hearing. An application form from wc
was completed requesting permanent total disability. I had filed
for social security and had a ss hearing about 1 1/2 years ago and lost
because no evidence after 5 years statue of limitation could be used. I
am 14 years into this mess and most significant documentation is not
dated until after the first 5 years. I have appealed ss, but I am still
waiting for a new appeal hearing date. I have a shot of winning my
appeal, but I have been told appeals are tough. Some new evidence has
been submitted but I will have to wait and see.

To make sure you are clear on my original posting,it is workers comp, and
has nothing to do with social security.
Thanks Re: I had my permanent total disability hearing (Currently 0 replies)
Posted At 11:17:46 01/22/2001

Thanks for clearing that up for me. Just so you know my SSI appeal was before a judge, and he was very nice and thorough. Take your spouse with you as a witness, there will be a voc. rehab specialist there to determine if you are retrainable. It really isn't that bad, you actually need to go before the judge to make sure he hears you and see's you not just reading a piece of paper. Be sure and submit all you doctors evidence from your work comp. so he won't have to ask for more paperwork. I hope all works out for you. Thanks for your help.
Injured Re: I had my permanent total disability hearing (Currently 0 replies)
Posted At 17:58:08 01/22/2001

Tell me Mr. Jim....Did the judges and the defense counsel laugh the whole time at your hearing?? If not then you are lucky....
As far as my SSD hearing...there was not one...between my doctor and myself.....the paperwork submitted between the two of us won my case without an apeal or a judge...I suppose I was lucky on that aspect of my injury....As far as my W/C case, what a joke....Yes, I was severly injured on the job, but was justice done and did I get a fair hearing??? Not a fat chance in hell!

Good Luck
jimchudy Re: I had my permanent total disability hearing (Currently 0 replies)
Posted At 08:50:10 01/23/2001


This hearing was no joke, and there was no laughing going on. There was
no representation by the defense. Now I wait and see. If this decision
turns favorable I will be a lucky, as this is almost unheard of with
workers comp.
rober texas rehabilitation commission test (Currently 0 replies)
Posted At 17:38:34 02/01/2001

would someone tell me whats on the test they give you

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