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Question: How Do I Appeal Past the He...

Social-Security-Disability-Forum » Question: How Do I Appeal Past the Hearing Level?  

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Shelita Simon

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Posted on Wednesday, September 03, 2003 - 4:59 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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Paul McChesney (Admin)

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Posted on Saturday, October 25, 2003 - 10:27 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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tracy (Unregistered Guest)
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Posted on Wednesday, August 03, 2005 - 10:39 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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
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Paul McChesney (Admin)
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Post Number: 1536
Registered: 5-2004

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Posted on Sunday, September 25, 2005 - 7:30 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

He can in most cases, that is, unless the remanding court orders him to have a hearing.
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Anonymous
 

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Posted on Wednesday, April 05, 2006 - 8:58 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.
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annie mattison

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Posted on Wednesday, March 03, 2004 - 10:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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?
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Paul McChesney (Admin)

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Posted on Saturday, April 24, 2004 - 7:47 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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.

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