| Author |
Message |
    
Shelita Simon
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 03, 2003 - 4:59 pm: | 
|
Dear Paul,
I am 37 with degenerative disc disease(cervical & lumbar regions),
I had surgery for a herniated disc back in 1994 and I currently have
multiple herniations in both regions. I also have osteoarthritis of
both knees, left shoulder, right ankle, right elbow and left wrist. I
have been diagnosed with fibromyalgia by 3 rheumies, as well as
hypertension, carpal tunnel both wrists and GERD. I have not worked in
over 3 years. I have just been completely denied SSD. I had a hearing,
was denied, and filed an appeal, and again denied.
WHAT ARE MY
OPTIONS NOW? CAN I RESTART MY CLAIM? WHEN SHOULD I RESTART IT? I MAY
HAVE SOME NEW MEDICAL INFO, BUT WILL THAT REALLY HELP? I've had this
DDD since I was 28, it has only gotten worse over the years, why didn't
social security read this in my file. I know its in there. Everytime I
get a MRI done(no insurance either) it shows a progression of
deterioration. I don't understand. WHEN I RE-FILE, HOW FAR BACK CAN I
CLAIM? SINCE MARCH 2000,(when I was no longer able to work) or SINCE
MARCH 2002(when I fell while trying to attend school). Oh by the way,
the judge seemed to hold my going to school against me. I explained to
him that I did not go everyday, I missed many days and I would only
have 2 or 3 classes when I did go. This judge got very confused during
the interview, he even mentioned stuff that I didn't even say, and he
was very, very hard of hearing, oh yeah, he didn't even acknowledge my
lawyer being present. HOW CAN SS NOT GIVE ME A HEARING BASED ON HIS
CONFUSION? HE STATED THINGS THAT WERE TOTALLY AGAINST WHAT MY MEDICAL
RECORDS STATED?
Please help me. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, October 25, 2003 - 10:27 am: |
|
Shelita:
You
describe a pretty severe impairment. It is difficult to guess why you
were turned down. There is a long list of possibilities; the likely
ones can only be established after a careful study of the record in
your case.
It is impossible for me to say exactly what you
should do, but I can say that almost everyone should either work, or
pursue a disability claim, or both. That leaves, as a bad option, doing
nothing.
You should certainly not despair. While a loss at a hearing is very bad news, there are many cases won beyond that level.
As to any appeal:
I
assume that you no longer have an attorney. There are many attorneys
who will go as far as a hearing, but will not take the claim farther.
There are others who specialize in appeals. You should search quickly
for an attorney that is good at appeals beyond the hearing level; this
might be a statewide search. Local attorneys often make good
suggestions here. If 4 attorneys point you to the same person, you are
on to something.
If your case can now be appealed to the Appeals Council, you might be able to do that yourself while you are searching.
If your case can now be appealed to the District Court, that is more difficult to do without an attorney.
But certainly, after the hearing, you would be crazy to proceed without an attorney.
As to any new claim:
You can almost always pursue a new claim and an appeal at the same time.
Usually, it is smarter to do both, rather than abandon the appeal.
Since
you lost at a hearing with an attorney, I am certain that this is a
difficult claim. You should hire an attorney off the bat; this would
presumably be the same one as the one for the appeal. |
tracy (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, August 03, 2005 - 10:39 pm: |
|
i
am 29 years old i have had neurofibromatosis all my life they are small
tumors all over your skin i been trying to get disabiluty for 3 years
my case was remanded back to the judge now he is making a decision
without a nother hearing can he do that i dont know the decision but i
thought it had to go back to court |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1536
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, September 25, 2005 - 7:30 am: |
|
He can in most cases, that is, unless the remanding court orders him to have a hearing. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, April 05, 2006 - 8:58 am: |
|
Paul, please explain what happens when an atty files a complaint in the US District Court (civil
action) regarding SSD. What are the chances of winning? Thanks. |
annie mattison
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, March 03, 2004 - 10:16 pm: |
|
I am a 56 year old disable female and have not worked since 1999. i applied for my disable in 2000 was turned down 2 times got a lawyer and the judge ruled in my favor. the day i was to start getting a check theys sent me a letter and overruled the local judge in SC.i have been diagnose by 4 doctors stated i am not able to work any more .i worked for 32years but now i have a heart problems i am d diabete and take inslun injections,back problems short of breath i take 12 difference medication a day. i also have high blood pressure and bad headeaches daily.why can't i get my disablity? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, April 24, 2004 - 7:47 am: |
|
I cannot give you advice, since you have a lawyer.
For the benefit of others, I will mention that the Appeals Council has the power to, and very rarely does, review favorable decisions. If there is a long enough delay while they are reviewing the decision, they will have to pay benefits while you are waiting for them to decide.
They almost always remand the case for another hearing.
Most ALJ's I have dealt with want to help the claimant at this point, but you must almost always give him more evidence, that is, something he can show the Appeals Council to explain to them why the situation is now different.
To oversimplify a lot, in general, if there are two doctors, one saying "disabled" and one saying not, the ALJ is often entitled to select whichever doctor he prefers. When you have the ALJ on your side, it does not matter that there are several doctors who say you are able to work; all you have to do is scratch up one doc.
Take care. |
|
