Just had my ALJ hearing...

Submitted by Anonymous (not verified) on

Help me put my mind at ease, or atleast give me your thoughts.
So last Thursday I had my ALJ hearing. A little background on me:
Age: 31
US Army combat veteran
Diagnosed PTSD
Filed VA Compensation: 05/06/15
Stopped working 10/06/15 due to condition, been working with same company as a retail store manager for 5 years (aside from military leave for deployment).
Initial SSDI application: 12/15/15
SSDI DDS denial: 3/28/16
Request Appeal: 4/1/16
VA claim adjudicated: Awarded 100 solely for PTSD
Started congressional inquiry: 5/1/16 due to being a 100 service connected veteran
Hearing date: 9/15/16
Medical evaluation board for the US Army national guard started 5/16 (medical discharge paperwork) limitations on the military are significant. I can basically only wear the uniform and breath.

Prior to the hearing I submitted all of my new evidence. VA Award paperwork, the VAs reason and rationale for the decision, US Army limitations, letter from my private psychiatrist stating her medical opinion and my condition prevents me from any substantial gainful employment, RFC from treating psych "marked limited" across the board, SF-513 from private psych showing the limitations for the army, letter from private psych to US Army stating due to my condition it is in my best interest I do not go away anywhere besides local drills.

So the hearing, I represented myself as I did for the VA. The ALJ started by saying she isn't bound to the Decision of the VA and the rules etc. She starts with driving questions, I do not drive much anymore. She asks how far and if my kids are with me. Realistically, I drive them to the bus stop which is 1/4 mile away on rare occasions. She asked if I ever go anywhere myself, I said maybe twice a month to the gas station, to clear my head and get a soda. She the. Asked if I am alone with my kids, I am not. She asked if my wife does, she works at the school district 9 months a year. Asked if my youngest was with me by myself when he wasn't in school. He wasn't, she just started this job.

The next line of questions was about a typical day. A typical day for me is get up, with trouble as I have chronic sleep impairment, pace around the house sit, try to watch tv, can't sit still have to check something random, etc.

Then she asked how am I still in the army, good question I thought. Regardless of a medical discharge I still need to fulfill my contract regardless of medical discharge which can take forever. She asks what I do there, honestly I just show up, I am not allowed to do anything. She then asked if I get paid. I told her, realistically no. Being paid VA compensation I cannot collect military pay as well. Either I withold my drill pay OR have my VA pay lowered for drill.

The VE testified that I cannot do my original job. And only found one job he "thought" someone like me could do. A tagger. She inquired more about it, VE said it is a retail environment price tagging. She asked how much interactions someone would have with coworkers, he said "normal" contact. (PTSD for me gives severe paranoia, trust issues, rage, etc). She then asked if I could do that. I told her that I have been in retail for 15 years and even if you are price tagging you still need to work with people and deal with customers. Having my issues with sleep, concentration, and focus for one there isn't anyway I could do that, on top of that I have serious issues with people.

That was the end of the hearing.

I am nervous and waiting for my decision.....

Bryan
Fri, 09/23/2016 - 09:44 Permalink

Hi there,
Thank you for your service. Hope it all goes well!

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