I recently had a hearing for my SSI case (hearing #2). My onset date was 1999, and I first applied in 2004. For the current case that is open, I applied in 2006. The ALJ is forcing me to amend my onset date to June 2010, or she will deny my case. Can I sue for coerced perjury, bribery, and fraud? What are my rights? The reason that the judge is doing this is so I will only get 2 years of back pay instead of the tens of thousands that they rightfully owe me. Also, the judge seems to be basing her decision on a condition that may clear up in less than a year, instead of the conditions that have no cure and the mental health conditions that are causing a lot of problems in my life. I think she is looking at the fact that if they do a review in one to three years, the condition will be cleared up and the Social Security Administration can drop me from the program. There are other people who have gotten SSI and Disability based on just one of the conditions I have (mainly the mental health conditions). I am so angry that I don't know what to do. After my case is decided, can I sue the judge and the Social Security Administration for what they are doing to me and the way I have been treated throughout this whole ordeal?
Country relating to Question: United States
State (if USA): Illinois
I just found out today and am so angry I don't know what to do and I don't know what my rights are. My attorney for my SSI case advised me to do what the ALJ demanded or asked me to do (amend my onset date) or she would have to drop my case because I would lose.
Hello and thank you for your question. For over 34 years I have answered questions just like yours. And I look forward to assisting you. You are best advised to listen to your attorney or you will definitely lose your case. And this I guarantee will occur. Likewise, the government is immune from such lawsuits so you cannot sue after the case is over. Finally I know you are upset with the system, your lawyer and the whoe process. But SSD benefits are difficult to get and your evidence, despite wht you may think,did not meet te definition of disability until June, 2010. Thanks for understanding, I wish you well. And plese follow my advice and your attorney.
My information and evidence met the definition of disability before, but they just refused. If you saw all of the information and all of my medical and mental health conditions, you'd agree that there was plenty of information to prove that I deserve SSI. My case went to federal court and was remanded back for a second ALJ hearing because the audio tape was not audible enough for someone to write a transcript from. My attorney said that she saw things that were done wrong in my 2009 hearing. I believe that the judge is basing my case on a problem that is likely to go away in a while so that I can be cut from the program within the next one to three years. It is a skin condition that has been painful, laid me up in bed for three months, and put me in the hospital for a few days. It may be resolved soon. The judge is ignoring my bipolar disorder and anxiety, which are some of the worst of what I am dealing with. She is also ignoring a urinary problem and another bodily function related problem, which have caused a lot of difficulty in my life and somewhat ruined my life. She is totally ignoring the problems that have most damaged the quality of my life and cause me the most difficulty in being able to get and keep a job. She is ignoring the problems that have gone on for more than ten years and will continue throughout my life and will keep me from having a very productive life and would cause me to have to miss a significant amount of work. In the big picture, my skin condition, the basis of the judges decision, is not as big of a deal as the other problems. My dermatologist and I are hoping to have that cleared up in the next few months. Recurrence is always possible, but I hope that once it's gone that it doesn't come back.I think that the judge's behavior and practices are unethical. In addition to basing her decision on the wrong thing and ignoring the bigger problems, she kept rolling her eyes at us after about everything we said. I felt very demeaned by that. Her behavior should be further investigated to see if she should be put on administrative leave. Attorneys are supposed to make people nervous and shake a person's confidence in their case, not a judge.Please comment further.Thank you for your time.
If you and your attorney feel the judge is prejudiced, your attorney can file a motion to have the judge removed. But that us your oy option at ths point. And there I nothing more I can offer you. So talk to your attorney. Finally, proceed cautiously.
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34 plus years representing clients with their legal issues
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