At my ssdi hearing the judge changed my onset date of disabilty and discussed with my lawyer at the hearing. Did I win?

Asked over 1 year ago - Quakertown, PA

At the hearing the judge asked me a few questions and had me tell my story. He then wanted to change my onset of disabily date and discussed it with my attorney and they agreed on a new date. There was also a VE there who was never even questioned. Does all mean I more than likely won? My said he thinks it was favorable. I would like your opinion on this. I called SS today and they said it could take 2.5 months to get the answer. The wait is really stressful. I dont' understand why they called in a VE and never even asked her anything.

Attorney answers (4)

  1. Andrew W. Norfleet

    Pro

    Contributor Level 12

    6

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    Best Answer
    chosen by asker

    Answered . While I cannot guarantee you that you will receive a favorable decision, things certainly look to be in your favor.

    If your attorney and the ALJ were discussing a later onset date of disability, it may mean that the ALJ found something in your medical records that he/she believes is supportive of disability - could be an MRI or another diagnostic test that the ALJ found persuasive. There may be other reasons why your attorney and the ALJ discussed a later onset date, but, most would be seen as a "good sign." Of course, if there were/are issues with earnings or unemployent compensation - you will need to discuss these potential issues with your attorney.

    If the VE did not offer testimony, also a good sign. In a nutshell - the VE is there to take hypothetical descriptions of someone just like you (age education, work experience, etc) and a series of restrictions that the ALJ lists. After the ALJ lists the restrictions, he/she will ask the VE if the hypothetical person could perform any jobs with those restrictions. If the VE did not testify, he/she could not offer any jobs for the VE to consider.

    Here is my suggestion - talk to your attorney and ask him/her why he/she thinks the outcome will be favorable and answer your questions. There is no better source for information on your case.

    I hope this was helpful to you and I hope that your attorney is correct!

    Andrew W. Norfleet, Esquire Helping disabled individuals throughout Pennsylvania. awn@norlaflaw.com www.norlaflaw.... more
  2. Sharon A Christie

    Contributor Level 5

    9

    Lawyers agree

    1

    Answered . You never know the outcome of a hearing until you receive the written decision. Based on the information you provided, it sounds promising but the best person to answer your question is your lawyer.

    This answer is provided solely for informational purposes. It does not create an attorney-client relationship and... more
  3. Terence Sean McGraw

    Pro

    Contributor Level 13

    6

    Lawyers agree

    1

    Answered . Based on your descriptiopn, I would guess that the result will be favorable. However, I have certainly had hearing I thought had gone well only to be followed by a denial. Note that no one here is willing to say for certain. The best your lawyer can do, the best we can do, is guess. Your lawyers guess is the most edcuated. I would listen to your lawyer and try to be patient. I know it is a difficult wait, but wait you must. Good l;uck.

    This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice... more
  4. Stewart C Crawford Jr.

    Contributor Level 16

    6

    Lawyers agree

    Answered . You should really discuss this with your attorney, he or she would be in the best position to assist you.

    Stew Crawford, Jr., Esq.

    Crawford law Firm
    A Full Service Law Firm serving Pennsylvania & New Jersey

    Philadelphia Area Office
    223 North Monroe Street
    Media, PA 19063
    877-992-6311
    www.crawfordlaw.org

    E-Mail: lawsuit@subrolaw.us

    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
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