Florida Life Health And Variable Annuity Study Manual For Cdl 4,9/5 6827votes

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When Your Appeal Goes Back to the Hearings Level Sometimes when the Social Security Appeals Council reviews your appeal of a hearing denial, they will decide that some aspect of your case was not fully investigated and will return your claim to the administrative law judge who handled it previously, with instructions about what aspect of your claim needs additional investigation. This is called remanding your case.

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Remand sometimes results in a second hearing. Reasons Why The Appeals Council Might Return Your Claim to the Judge The Social Security Appeals Council might notice that some vocational aspect of your claim was not addressed, so it might tell the judge to ask the vocational expert some additional questions or to call an expert witness if one did not testify previously. In another circumstance, the Appeals Council might point out that some questions about your medical condition and limitations were not answered by your medical records or the hearing testimony. In this situation, the Council might request that the judge send your claim back to the Disability Determining Services to set up a consultative examination for you. Once the requested additional information is obtained and a second hearing is held, if needed, the administrative law judge will render a new decision. For more information about Social Security Appeals Council reviews, see our article.

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Hello Kay, I received my notice of a new hearing date in February 2018. The AC found that the ALJ failed to develop adequately the record to support its findings that I was not disable as of the date of my decision ( ALJ issued a partially favorable for a closed period that ended December 2015). In my letter from the ALJ, she has to determine if my condition keeps me from doing any substantial gainful work and if it has lasted for 12 straight months, can be expected to last for 12 straight months, or can be expected to result in death. During this wait, my EF has dropped to 15% and my blood pressure is no longer withstanding the medicines I need to take. My lawyer said he does not want to submit any additional evidence because when we request the AC review, my specialist performed all of the tests available to shed light on my condition and they all are worse than they were during the period I was awarded disability. In addition, my specialist noted in my records that I am unable to work in any capacity, past, present, or future.Will submitting my latest ECHO showing my decreased ejection fraction and further health deterioration solidify my case? Is it possible for the ALJ to make an OTR decision?

Would my additional records increase the likelihood for an OTR decision? Thanks, Sakiya •. Dear Sakiya, What you are trying to prove in your appeal is that you were disabled from December 2015 continuing. Current test results would not prove your condition in 2015.

That may be the reason the attorney doesn’t wish to submit the current records. Plus, he seems to think that the records submitted to the Appeals Council (AC) were at least partially responsible for the AC remanding your claim to the judge and sufficient to support a more serious ongoing condition than the judge determined. Finally, the twelve months of disability referenced has already been met in the period already approved; now, as I mentioned above, the issue is whether the disability continued without break after December 2015. Sincerely, Kay •. Dear Ronald, Answering your questions in order: 1) You could have been assigned a new judge for a few different reasons: the judge could have resigned or retired or died or moved to another part of the country.

To answer your second question, I need to know what you mean by your “3rd time filing.” Do you mean that you filed three separate claims or do your mean that you have appealed three times and now it has been remanded again? If you have had prior denied claims that are not now under appeal, then the earliest disability date that can be established is the day after the last denial. If on that date you were no longer insured for SSDI, then SSI would be the only benefits available to you. In a small percentage of cases, approval decisions are made on the record (OTR) with out a hearing. Sincerely, Kay •.

Dear Shakeema, I would recommend submitting your 2016 medical evidence along with the 2017 evidence. If you wish to, you can both file new claims and file an appeal in federal district court on the denied claims that assert an earlier disability onset. I am not able to determine whether you meet the listings on your medical conditions. To try to figure that out, you can look up your diagnosis in the listings. If it is in the listings and you have the symptoms or test findings that are listed with the diagnosis, you can assert that your condition meets the listings.

If your conditions do not meet the listings, you could still have a vocational approval meaning that your health limits you enough that you cannot work in any occupation that you would be able to if you didn’t have medical limitations. Sincerely, Kay •. Dear Luellen, I recommend that you continue to appeal through all levels. Given that you were successful in getting a remand from district court, it seems reasonable for you to continue to appeal on your own. The key issue before you now is whether the second judge make procedural errors.

That is key to your keeping your claim alive. With regard to the judge’s considering how you present, you do not say what condition or conditions you are claiming are disabling you.

Individuals with certain mental illnesses will have difficulty grooming and have trouble with cognition and/or self-expression. Therefore, if you are claiming disability based on a mental illness, the judge might see good grooming and being articulate as a sign of your being less impaired than you claim. To be determined disabled, you must be medically unable to perform any occupation that you could otherwise do if you did not have medical limitations. To be approved, you only have to prove that you became disabled on or before December 31, 2017.

The approval can occur after that. The remarks about less demanding jobs than your prior occupations including the military were addressing the requirement that you be disabled from all occupations.

Your physicians’ opinions should be addressed by the judge even if they are not accepted as accurate; however, to be convincing physician opinion should be supported with an explanation of the basis of the opinions. (As an aside, a high level obesity combined with other often-related medical limitations, such as significant loss of function of a weight-bearing joint, can result in disability.) Sincerely, Kay •. W., What could happen is that your son could get two decisions based on two different criteria–one for when he was a minor and one for the period after he turned age eighteen. He would be paid for any months that he is found to be disabled (assuming that his income and resources were within the SSI limits at that time.

You reference the claim having gone through federal court and being remanded to a judge, but you also ask about your son’s chances with the Appeals Council, so I am unclear about where your son’s claim is now. The issues raised in the remand must be addressed; therefore, if the previous oversights were material to the decision, meaning if a different decision would have been reached had there been no oversight, then approval would be more likely now than previously. Sincerely, Kay •. Dear Kay, My attorney appealed my partially favorable decision( Hearing in November of 16, decision in March of 17) to the Appeals Council in May of 17. June 4, 2017, Social security wrote me demanding any additional medical evidence be submitted by June 25, 2017. October 23, 2017, I received a notice that the Appeals Council approved my closed period ( from 2014 until 2015) and my case was being remanded back to ODAR for continued benefits.

In my decision from the ALJ in March, she gave considerable weight to my doctor saying I’m doing better with no test results or lab work to substantiate better meaning I’m able to work in any capacity. In my additional medical records, my doctor performed all tests and lab work that actually shows my condition is worsening and it has always been in his opinion that I’m unable to work.

From what you know and have experience in, why did the AC decide part of my appeal (the closed period) and remand the other part (continued benefits). With the quick response time, how soon could I expect my second hearing? Also, what do you think my chances are for being awarded full benefits? Thank you for all you do and I look forward to reading your response. Dear Eddie, The consulting physicians whom you see do not make the decision regarding whether or not you are disabled and will receive benefits. The consultations are to confirm your diagnosis and to ascertain what limitations you may have related to it.

The consulting doctor’s comments should mean that he will be reporting that he found you to have some significant limitations and that your diagnosis is supported. I can’t give you odds on approval, but having a favorable report from the consultant should be helpful to your claim.

Sincerely, Kay •. Dear Random Number, I suggest that you respond to the questionnaire by saying that the number of hours you spend on your blog activity is the same as when your claim was approved by the judge (if it is) and the income from it is in the same range (if it is),and that the money you pay taxes has been determined by the judge who approved your claim not to be SGA because of the small number of hours you spend writing and because the income from it comes as donations. Also attach a copy of the hearing approval letter and highlight the paragraph about the blog income.

The determination that the money is a donation and not wages or fees paid by customers is likely key, because even $15,000 a year work earnings would put you in the SGA range unless you are blind. One kink in the situation may be how you have been reporting the income on your tax returns. For Social Security to get a report from the IRS about the income, it is likely that you have or your accountant has been reporting it as work income subject to Social Security self-employment tax. If the income is really by donation, then perhaps you should be reporting it as gift income–still taxable, but not as work income.

If it has been reported as work income, I suggest that you discuss that matter with your (or a) tax accountant showing them the determination by the judge that the activity was not work and asking how it should be reported under tax law. Sincerely, Kay •. Dear Anonymous, It normally shouldn’t take as long as it did when you had to wait a year or more to get from the hearing appeal to the actual hearing date. But how long it will take really depends on your hearing office and your judge and your specific circumstances.

If it’s going back to the same judge that had it originally, which it should in most cases, it’s really up to him when he decides to fit you in. Judges are now getting their hearings scheduled further and further out, up to 8 months in some parts of the country. They used to only be schedule about 2-3 months out. So you may have to wait to be scheduled up to 8 months from now when he has his next available opening.

Or the judge could have certain times set aside to hear AC remands. If the judge who originally denied it and it is supposed to go back to is no longer there for some reason, then you may have to wait even longer to be assigned to another judge and then get put on their schedule. I would suggest calling the hearing office your claim is getting sent back to and ask them which judge your claim is going to and then ask to speak to their assistant who handles their scheduling and ask them how your claim’s scheduling will be handled. Sincerely, Disability Adviser •. Dear Tina, She will have to wait to see what quality review did. There are a number of actions they could have taken if they changed the judges decision in some way.

They could have denied her or just modified the judges decision. I also don’t know what kind of decision the judge made initially. Did he find her claim fully favorable, partially favorable, only for a closed period? If he only found her disabled for a short period of time, it’s possible quality review decided to pay her claim in full. Or it could be vice-versa. It could be something simple. Like the judge approved the fee agreement between you and your attorney and quality review decided he shouldn’t have, which really wouldn’t affect your friends award.

Too hard to say without further info. Whatever decision they make should be appealable just like the judges decision would have been.

Sincerely, Disability Adviser •. Dear Ahsha, If you feel that you can not work, you should of course keep trying to get your disability. If you are asking whether or not to appeal or start a new application, that would be depend on a lot of different issues. I would suggest requesting a copy of your claim file and the hearing transcript and consulting with an experienced Social Security attorney to review your claim to help you figure out your next best move. Usually there would be no consultation fee. Also, a heel- toe walk test does not necessarily require taking off your shoes. Sincerely, Disability Adviser •.

Dear Nate, I do not have statistics on the percentage of remanded claims that are approved. A remand is made when the judge has made some procedural error. This means that the Appeals Council could remand even if they agreed with the decision and just thought it was not properly documented. On the upside, it does give you another day in court. I suggest that if you do not have an attorney you get one to assist you with preparing for the second hearing and to attend the hearing with you.

Also, if you have not done so, request a copy of your claim file including the hearing transcript so you can address the exact issues that allowed the remand in the context of the facts in the claim file thus far. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits.

Social Security law sets the amount the attorney can charge and the Social Security Administration pays the attorney directly from your back pay. The only possible cost in case of an unsuccessful claim or appeal is possibly having to reimburse the attorney for his or her out-of-pocket costs, for example, amounts the attorney paid to obtain your medical records. Sincerely, Kay •. Dear Billy, Unfavorable decision means that it has been determined that you are not disabled–meaning you can either work in a past occupation or a new one. If you do not have an attorney, I suggest that you request a copy of your claim file and the hearing transcript and go over them with an experienced Social Security attorney to get an opinion on whether you can be successfully file an appeal. To win an appeal on a unfavorable hearing decision, the judge has to have made a procedural error in arriving at the decision, so deciding whether to appeal can get a little technical.

When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount the attorney can charge and the Social Security Administration pays the attorney directly from your back pay. The only possible cost in case of an unsuccessful claim or appeal is possibly having to reimburse the attorney for his or her out-of-pocket costs, for example, amounts the attorney paid to obtain your medical records. Sincerely, Kay •. Dear JenniPoo, The judge may set establish your disability onset date back a few years, but benefits will be paid based on the current application. If you are approved for Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability as established by Social Security. If you are approved for Supplemental Security Income (SSI) and your established disability date is prior to your application date, your benefits will begin the month following the month of application unless you applied on the first of the month in which case benefits begin with the month of application.

Sincerely, Kay •. Dear Dawn, I would say that the Appeals Council has chosen to review your claim and is calling to ask for some clarifying information. Evaluation under the older age bracket cannot be applied until you are actually that age and unfortunately you turned fifty after your insured status ran out. If you also applied for Supplemental Security Income (SSI) the call might be to ask you whether you would accept an onset date of some point after you turned fifty or after documentation was stronger. I am surprised they called you and not your attorney. Sincerely, Kay •.

Dear Mark, All types of mistakes have been made over the years. The wait for an Appeals Council review can be a year or even two. I don’t have statistics on approval rates from the Appeals Council. The Council can uphold the decision, overturn it and approve the claim or remand the claim to the judge for additional investigation and documentation and often a second hearing. Remands are more common that outright approvals.

I cannot comment on the specifics of your claim situation because of the amount of detail and complexity of your situation. I can say that not being done with medical treatment does not necessarily mean a person is still disabled. You need to hire an attorney who will do a close analysis of everything and decide what the best argument would be for your case. Sincerely, Kay •. Dear Tracy, Neither Social Security Disability or Supplemental Security Income pays benefits for short-term disability. I suggest that yur husband check with his employer first.

Some employers also provide STD policies. A few states–California, New Jersey, and I think, maybe Rhode Island have a state disability insurance (SDI) that provides benefits for short-term disability for all covered workers. And a few states have a temporary welfare public assistance for disability, but it is usually paid to individuals who are pursuing SSDI or SSI claims. Sincerely, Kay •. Dear Mark, Disability can be approved for a closed (limited) period of time when a person has recovered enough to return to work in a past occupation or in a new occupation. The letter states that benefits won’t be paid after November 2015.

(I don’t know what the reference to 1987 is.) It is quite possible that being released to return to work by the workers comp IME doctor (or pain doctor–am not sure whether it was on or the other or both) could be the reason for the determination that you had recovered. However, you can request a copy of your claim file to read the exact reasons for the determination. That should help you decide whether or not you can appeal and if you appeal how to address the judge’s ruling. I suggest that you discuss your choices with your attorney. If you file a new claim rather than appealing, you likely will have to claim a date of disability after the hearing decision; otherwise, the new claim would be denied “res judicata” (already decided). This means that to get Social Security, you have to still have been insured after the date on the hearing letterwas written.

Sincerely, Kay •. Dear Tommy, I suggest that you appeal to the Appeals Council again and if denied, file an appeal in federal district court. I am not suggesting that you change attorneys, but if you really think your attorney is not handling your claim well, you do have the right to hire a different attorney. Also, if you have not done so, request a copy of your claim file so you can see exactly what is in file and the exact reasoning for the denial. I respond to questions only on this website.

I removed your phone number and email contact information from your post to protect your privacy. Sincerely, Kay •.

Dear Jenn, Ordinarily, your attorney’s office would have notified you of the hearing date and date changed. Apparently, the notifications were somehow overlooked. If the judge felt he had everything he needed to approve your claim, he would have without a supplemental hearing. I don’t know what type of review occurred after the medical report was received, but presumably enough for him to decide the hearing was needed. Yes, the post-hearing process will be the normal one: a decision by the judge, letter writing, review and signing of the letter by the judge.

Sincerely, Kay •. Dear Yvonne, If you were earning less than $1,130 gross per month in 2016 and less than $1,170 gross monthly in 2017, you would not be performing substantial gainful activity (SGA). Earning below SGA will not automatically make you ineligible, but work does raise the question of whether you could be working more.

Your receiving special accommodations from your employer could help your claim because the accommodations could be an indication that you could not work in the general economy. It will be important for your employer to write a letter stating he is a family friend and describing the accommodations, being as specific as possible about many times a month you left early or called in sick and how often each day you took extra breaks,lying down etc. He could include the information that he let you work under these conditions to keep you from becoming homeless and that he would not give the same accommodations to another worker.

Sincerely, Kay •. Dear Ileana, To get benefits reinstated back to when they were terminated, the only option is an Appeals Council review. Based on the information you provided, it sounds as if your brother would have a good case because of the several errors of fact and procedure. If the pro-bono attorney is not willing to take the case to that level of appeal, your brother than can hire a Social Security attorney on contingency. When he hires a Social Security attorney, he does not have to pay any legal fees up front and he will pay attorney fees only if he is approved for benefits. Social Security law sets the amount his attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award before they send his back pay to him. Sincerely, Kay •.

Dear Eddie, First, if you have an attorney, I suggest that you discuss the pros and cons of appealing versus filing a a new claim. Appeals Council reviews focus on whether the judge made procedural errors, so generally new medical evidence is not considered.

(One type of error is not paying enough attention to some part of the evidence you submitted.) However, if you decide to appeal and the new medical evidence reveals that you really were disabled, there is a chance it would be considered. Stated differently, if you decide to appeal, you can submit the evidence but it would be best to have another reason for appealing. One important thing to consider when making your decision whether to appeal or file a new claim is whether or not you were still insured for Social Security Disability on the day after the date on your hearing denial letter.

If you were not, you cannot successfully file a new claim for SSDI because you have to claim a disability date later than the last denial. Otherwise, the claim will be denied res judicata, meaning the same issue was already decided. You could file an SSI claim but not an SSDI. Sincerely, Kay •. Dear Amy, The judge did not ask the vocational specialist any questions because he wants to get the results of the evaluation you will receive so that he can arrive at a conclusion regarding your mental limitations and restrictions. Once he has that information, he will either approve your claim or get vocational input about jobs you might be able to do with your limitation.

This collection of vocational information can be done with or without a hearing. I don’t know why the VE would be checking court records. Lastly, it is okay to tell the attorney that you were so stressed you do not remember the explanation she gave you and ask her to explain the status of the claim again. Sincerely, Kay •. Dear Tiffany, It sounds as if the medical approval has been vacated until more investigation of your work is done.

If that is the case, then, yes, nothing will be paid until an approval decision is finalized. If you were earning below substantial gainful activity (SGA) level ($1,070 in 2014; $1,090 in 2015; $1,130 in 2016; $1,170 in 2017), the work should not keep you from being approved. If you earned more than that but worked for less than six months and stopped due to your health, again the work should not interfere with a finding of disability. Sincerely, Kay •. Dear Missy, Most Appeals Council reviews pend from year to eighteen months with some taking less and some taking more time. If yo do not have an attorney, getting an attorney to review your appeal could help if the attorney sees that you have missed presenting an important point in your statement of why the judge made an error in how the hearing decision was reached.

When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount the attorney can charge and the Social Security Administration pays the attorney directly from your back pay. Sincerely, Kay Sincerely, Kay •.

Dear Marie, The judge’s disregarding some evidence and misconstruing other evidence or emphasizing other is called cherry picking and can serve as a basis for an appeal to the Appeals Council. I suggest that you consider hiring an experienced Social Security attorney to assist you in writing up your appeal so that it addresses the specific points of law that the judge did not follow. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount the attorney can charge and the Social Security Administration pays the attorney directly from your back pay. Sincerely, Kay •. Dear Becky, As explained previously, some claims are selected for quality review, which includes a review of whether sufficient documentation is in file to support the decision and whether the law has been correctly applied. This means that the judge will have to “fix” the errors and gather the necessary documentation; it doesn’t necessarily mean that the approval will be changed to a denial.

Given that you are legally blind, it seems quite unlikely the claim would be denied. I can’t say how long the additional investigation will take, but it could be a month or more. Sincerely, Kay •. Dear Becky, Your appeal was randomly selected for a quality assurance (QA) review by the Appeals Council. The review found that the judge made an error in approving your claim because there was insufficient evidence to support the judge’s decision. This means that you are not approved and the your appeal is again a pending appeal.

If you have an attorney, consult with your attorney to find out what actions the judge has to take and what you might be able to take. If you don’t have an attorney, I suggest that you try to get one, although it may be difficult at this point. You could have another hearing or the judge could ask you to submit additional evidence.

The notice of remand should have a copy of the directions given to the judge and that could help you in determining whether there are any records or over evidence you could submit to address the issues the Appeals Council said were not supported. Sincerely, Kay •. Dear Sakiya, As your attorney said, you can appeal the onset date. You might receive your back benefits within the sixty-day appeals period, but you might not. If you want to appeal, you have to do it within the appeals period whether or not the back pay has been received. As far as your chances go, the fact that your attorney is suggesting it is an indication that you have some chance of approval; however, the Appeals Council generally looks only at the evidence the judge had and the procedures he or she followed, not at physician statements presented in the later appeal.

Filing a new claim might only work if you are still insured for Social Security Disability because you may have to claim a disability date later than the date the judge made the partially favorable decision. This would be true if the claim were denied totally and I think it is true of partially favorable decisions also. I suggest that you check with your attorney about this as part of deciding whether to appeal or start a new claim. Sincerely, Kay •. Dear Ling, Changing venues of the hearing could cause further delay.

I suggest that you have your attorney submit a dire-need letter in which you request an expedited remand hearing date on the basis of your utilities being shut off and having gotten an eviction warning (or notice). That could speed things up a little. Give your attorney copies of the shut off notices and anything written you have about your rental situation to attach to the dire need letter. While you wait, if you have not already done so, check with your utility companies to see whether they have any program that would get your electricity and gas back on because you are disabled. Sincerely, Kay •. Dear Christy, The information from your attorney is correct.

Double check with her, but I believe that your choices are to appeal with a request for an Appeals Council review or to file a new claim. I suggest that you discuss these options with your attorney to make a decision on how to move forward. If you appeal, you can submit the new information but the Appeals Council may not to consider it because the judge did not have that information when the hearing decision was made. Filing a new claim would allow you to resubmit everything plus the information about your more recent diagnoses. The major disadvantage would be if you were no longer insured for Social Security Disability (SSDI) on the day after the date on the denial letter, you cannot be approved for SSDI because you must claim a date later than the last denial. Another disadvantage is loss of back benefits. You can apply for Supplemental Security Income (SSI), which requires only that you be disabled when you file the application, if your income and assets are within the SSI limits.

Sincerely, Kay Sincerely, Kay •. Dear Shelly, You can change attorneys. Review your contract with the attorney to be clear on the conditions and methods for ending the contract. Also find out from Social Security what paperwork has to be completed in addition to new appointment papers for the new attorney. Your claim may have been denied because the judge found that the medical information in file did not support the limitations you were claiming (the limitations in the hypothetical questions to the vocational expert). Your friend’s advice to get a copy of your claim file is good.

Also request a copy of the hearing transcript for your new attorney’s reference. Usually there are limitations on what can be submitted at the Appeals Council review because the review is to see whether the judge made the right decision based on the information he or she had at the time of the hearing. That said, you can discuss with your new attorney submitting any missing medical documents that you provided to your attorney. You could ask them to be considered on the basis that you thought they had been submitted by the attorney. The worst that can happen is that what you submit will not be considered. Dear Shelly, I do think you should get your attorney’s opinion on whether to appeal or start a new claim. One thing to watch for; however, is the date you were last insured.

If you were not insured on the day after the denial letter from the judge, you cannot start a new Social Security claim because you have to claim a disability onset date that is after the last denial. Also, if you do not appeal, you will potentially lose back benefits. Another issue to be clear about in deciding whether to appeal, apply again, or accept the decision is that you have to be disabled from all occupations not just occupations you have done in the past.

Sincerely, Kay •. Dear Sara, Yes, I do recommend getting legal help. When you look for an attorney ask about experience with remanded appeals and also ask them how they would approach addressing each of the judge’s errors.

Also, I suggest getting a copy of your claim file and the hearing transcript for you and the attorney to review. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount the attorney can charge and the Social Security Administration pays the attorney directly from your back pay. Sincerely, Kay •. Dear Sam, Second appeals are usually the hearing level. You can and should submit all new medical information that comes up while you are waiting for a hearing so the judge has as much information as possible to review before the hearing.

Having new information would only speed up the process a little if it was sufficient for a fully favorable decision to be written without a hearing. If this happened, it would accelerate the processing only by a few weeks at most.

If you are at the Appeals Council level because you live in one of the limited areas of the country that has a hearing as the first appeal, in theory the decision of the Appeals Council will be based on the documentation available at the time the judge made the decision. However, send what you have anyway with an explanation of why the new evidence proves the disability date you originally claimed. The worst that can happen is that it will not be considered and there is a chance it will. It is unlikely you would be successful in getting a different judge. If you wish help from your congressperson, you need to know exactly what you want them to do. Usually they cannot speed up appeals process.

They can be contacted through their congressional offices. Sincerely, Kay •. Dear Lakrisha, How long you will wait for a hearing depends on where you live. You can look up the city of your hearing office to get average times.

If the original letters from your son’s doctors did not state specifically why he should be considered disabled (diagnosis, tests, and clinical findings) and what his symptoms are and how they affect daily living, the statements will not carry as much weight as they could. If this is the case, you could ask the doctors to submit more detailed reports. If you do not have an attorney to help present the claim before and at the hearing, I suggest that you hire an experienced Social Security attorney. Also, with or without an attorney, it’s a good idea to request a copy of the claim file so that you can see the exact reasons for the denial and the evidence the decision was based on so you can address the issues. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount the attorney can charge and the Social Security Administration pays the attorney directly from your back pay.

Sincerely, Kay •. Dear Jeanie, You might explain that the new attorney will contact the current attorney directly after the release is signed. Also check with the office staff and ask them to call the fax to his attention. Also realize that he may be out of the office related to the holidays. If you get no where with getting the release, try calling your state’s bar association for advice. You can do this without naming the attorney.

Of course, you could threaten him with a complaint to the bar association; however, that might just escalate the situation and, if your potential new attorney learns of it, could make him nervous and drop your case. If the attorney situation drags on, be sure that you file your request for review within the appeals period. Include a statement that you are in the process of hiring an attorney and the attorney will be submitting a statement in support of the appeal. Sincerely, Kay •. He has no secretary, only a paralegal who recently had hip surgery. The more I read from this site and others the more I realize he did nothing for me. He still says the judge wouldn’t have heard my witness and that it was not needed, where everything I read attorney’s want witnesses.

Another site suggests that if I don’t appeal that I might lose my chances of ever re-applying again and I know this to be true. He only wants to start all over again because he can’t do the appeal, so I told him to just send me the release so I can move forward. I will see if I get the release tomorrow. If I don’t I am sending out my appeal letter stating that I am in search of a new attorney and that my current one will not release me and I will tell him this also so they don’t send him any paperwork. I will not threaten him as he says I already insulted him saying “we both failed”.

Well I didn’t win so it’s true. He worried more about his illness in court than mine. I really feel bad about doing this but I need to take care of myself. Another person I trusted to help me and didn’t. Thank you again, for all the great advice, you are a wonderful person, Merry Christmas 🙂 •. Dear Cindy, If the medical decision is a denial, you will get a medical denial letter fairly soon.

If the decision is an approval for Supplemental Security Income (SSI), you will likely get a phone call or a letter asking you for a financial update. After that is done and your payment amount will be determined and you will be sent an award letter. If the approved claim was for Social Security Disability, you might or might not be asked to provide bank account information or other documents and it could take a couple of months to get an award letter.

In the last situation, the online status should change to show that your claim is pending in the payment center while you wait for a letter. Sincerely, Kay •. Hi Kay, I had a hearing with the ministration law judge on June 2015 received a decision back unfavorable I reappear to the appeal Council June 2015 just received a decision from appeal Council Nov 2016 saying the appeal Council grants the request for review under the substantial evidence provision of the Social Security Administration regulations 20 CFR 416. 1470 under the authority 20 CFR 416. 1477 the pier cancer vacate stay here and decision and remand this case to an administrative law judge 4 resolution of the following issues: the here and decision found that the climate had the RFC to perform light work accept that she can never climb ladders, ropes, or scaffolds; can occasionally climb ramps and stairs balance stoop kneel Crouch or crawl and should avoid concentrated exposure to extreme cold and Heat an irritant such as fumes, odors, dust, and gases (Decision, Finding 4). At step five of the sequential evaluation, the decision found that there were a significant number of jobs in the national economy that the claimant was capable of performing (Decision,Finding 9).

Based upon evidence from a vocational expert, examples of these jobs were found to include companion, night guard, and gate guard (Decision,Page9). However, the Dictionary of Occupational Titles (DOT) classifies the companion (DOT309.677-010). Night guard (DOT 372.667-034), and gate guard (DOT 372.667-030).

Jobs as semiskilled work. Pursuant to Social Security Ruling 83-10, the ability to perform skilled or semiskilled work depends on the presence of acquired skills which may be transferred to such work from past job experience above the unskilled level or the presence of recently completed education which allows for direct entry into skilled or semiskilled work.

The decision did not identify any skills that the claimant has acquired from her past relevant work that would transfer into the occupations of companion, night guard, or gate guard. Rather, the decision found that transferability of job skills was not material to the determination of disability (Decision, Finding 8).

Therefore, further consideration should be given to whether there are a significant number of jobs in the national economy that the claimant is capable of performing. Upon remand the Administrative Law. Judge will: obtain evidence from vocational expert to determine whether the climate has acquired any skills that are transferable two other occupations under the guidelines and Social Security ruling 82 – 41 the hypothetical questions should reflect the specific capacity/limitations established by the records as a whole. Administrative law judge we’ll ask the vocational expert to identify examples of such appropriate jobs and two state the incidence of such jobs in the national economy (20 CFR 416.966). Further, before relying on the vocational expert evidence the administrative law judge will identify and resolve any conflict between the occupational evidence provided by The Vocational expert and information and the dictionary of Occupational titles Dot and it companion publication The selected characteristics of occupations Social Security ruling 00-4. In compliance with the above the administrative law judge will offer the climate and opportunity for a hearing take any further action needed to complete the administrative record an issue a new decision •.

Dear Crystal, The judge will review the consultative examination reports and the rest of the evidence in your claim file and make a decision. I cannot predict whether your claim will be denied or approved.

It will depend on what the limitations are as related to occupations you could perform if you did not have the limitations. If you are denied, you will have the right to appeal again. If you do appeal, it might be a good idea to have an experienced Social Security attorney represent you in the appeal. When you hire a Social Security attorney, you do not have to pay any legal fees up front, and you will pay attorney fees only if you are approved for benefits.

Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award before they send your back pay to you. Sincerely, Kay •. Kay I’ve been waiting since 2011 for a decision, after having 1 hearing canceled just to wait another 26 months for them to give me a hearing.

Wasn’t really happy at the hearing because I thought the purpose of hiring a lawyer was to help me and not just sit next to me and say nothing at all. I got my denial letter the other day, the judge said I’n fine and I should get a job as a janitor. The funny thing is I suffer from extreme social anxiety disorder, meaning more then 3 people near me at a time I can’t breath and chest hurts, etc My doctor’s notes for the case even said it will be next to impossible for me to get a job and the meds I take can only do so much, meaning I take 8mg of xanax a day along with several other things.

So I would like to know if I can find a better lawyer right now? Would it be faster for me to reapply over going to re-appeal process?

I’m at wits end and my truck is the only thing I have left in this world and really don’t want to part with that, mostly because the only time I leave the house is to drive to to a place between NO and WHERE to hunt and fish to keep my freezer full. Any advice would be helpful at this point since my lawyer doesn’t seem to know how to write or call back.I shouldn’t say that he broke a record by emailing me back 2 months after I emailed him!! Dear Don, Unless your contract with the attorney prohibits ending the contract while you are still appealing, which is doubtful, you can switch to another attorney.

Just be sure not to miss the deadline for filing your request for an Appeals Council review. You can hire an attorney after filing if necessary. If you decide to change attorneys, I suggest that you interview prospective lawyers for experience with Appeals Council reviews and also to find out how he or she would approach the appeal.

I also suggest that you get a copy of the hearing transcript and your claim file to help prepare the appeal to show that the judge did not apply the law correctly or did not conduct the hearing review correctly. The reason for filing an appeal instead of a new claim at this point is to keep open the possibility for being paid back benefits. If you file a new claim, you have to claim a disability date after the date the judge denied your claim. This brings up another issue, which is insured status. If you were not still currently insured for Social Security Disability (SSD/SSDI) after the denial, you cannot be approved for SSD benefits regardless of your health problems.

The date last insured should be listed in your hearing denial letter. Sincerely, Kay •. I have been trying for SSI for over 3 years. Early this year I had a court hearing in CA, but the ALJ said she couldn’t get through all my papers and called an end to the hearing saying I would be notified of the new one but I would probably be a good 6 more months. I am bipolar, have PTSD, schizophrenic tendencies as well as a him injury from a previous injury (job related) and terrible arthritis in my neck.

I’m a 51 yr old man and due to the unhealthy environment I was living in I had to move before I was put in a bad situation. I had a new hearing in my new state for next week and just found out the ALJ can’t make it. I don’t know how long it will be to get this 4th attempt of a hearing date, but what I do know is I have no money and will very soon be on the streets.

Is there anything that can be done based on hardship, especially since I’ve been prepared for every hearing they have set and cancelled. I don’t know how a judge just can’t make it to your hearing a week from now and not have another date set within a few days. I’m guessing it’s going to be another few months. If the judge couldn’t make it shouldn’t someone have to sit in for them. Desperate and broke-I don’t no what to do.

None of these instances were from my inability to come I’ve been ready for each one. There has to be some kind of hardship in matters like this.

Dear KJ, It is likely that all the judges’ time is scheduled so no one is available to sit in. I suggest filing a statement of dire need and mention that your hearing has now been rescheduled twice.

If you don’t have an attorney, it might be a good idea to hire an experienced Social Security attorney to help with the hearing, though it won’t speed up the next hearing date. When you hire a Social Security attorney, you do not have to pay any legal fees up front, and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award before they send your back pay to you. Sincerely, Kay •. Dear Dee, You posted your question under a different article. Here is what I replied: You will be paid Social Security Disability (SSDI) based on your own earnings record including months of back pay that would begin to accrue July 2015 after the five-month, unpaid waiting period.

If your reduced Disabled Widows Benefits (DWB) are higher than your own benefit, you will be paid an additional amount off your husband’s record so that the SSDI and DWB benefits together total the higher DBW benefit. For example, if the DWB was $1,000 and your SSDI was $800, you would be paid SSDI of $800 and $200 DWB. Sincerely, Kay •. Started about three years ago & finally about 9 months ago I went in front of the Judge. My letter came and sent me to see 2 quack DoctorsOne said I can lift over 150 pounds & run for at least 10 minutes without a break??? I will not get into how working for 45 years has caused me many medical problems including only little use of one hand so those numbers don’t make sense for many Women over 60 never mind me!

So I wrote a letter explaining in detail how unrealistic those claims were & don’t understand how that could even be said. Now I got a letter with a appointment to see the same judge for a judge mental?

I don’t even know what that is? I am hoping this is good news, why have me travel there to tell me no to my face? Anyone know what this is about? Dear Cindy, If the judge requested a second hearing to determine competency to handle money, your claim is being approved. If the hearing is to get additional information to evaluate whether you are mentally disabled, the judge is finding that you physical condition alone is insufficient for any approval. If you are denied, I recommend getting a copy of your claim file and appealing with the assistance of an experienced Social Security attorney.

When you hire a Social Security attorney, you do not have to pay any legal fees up front, and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award before they send your back pay to you. Sincerely, Kay •.

My appointment is in 8 hours, 9:00amEst. I just can’t sleep. Since writing you they found that the reason I have been breathing bad is something mild is wrong with my lungs & my liver is also enlarged. ( I never smoked or drank a day in my life, no drugs of course either, so I am SHOCKED!! ) I just picked these reports up, so they don’t even know about this so I am bringing them with me. I hope tomorrow is what you said one of the possibilities could be & that’s to determine competency to handle money!

It did not say or hint that is the case? It did not say or “hint” that it is for the other option about getting additional information to evaluate whether I am mentally disabled? Besides my drivers license & my normal stuff they did not ask me to bring anything new or different? I am bringing the reports I mentioned to you earlier in this letter but they just gave me a time and date? I sure hope it is that I won. I really NEED HELP. THANKS FOR YOUR REPLY & HELP.

I hope I get to give you GREAT NEWS but the way I have worked my whole life & never smoked, drank, used drugs, I don’t even drink coffee, I have all my teeth, take care of my very disabled husband since 1984, as a kid my mom left us 4 girls & my dad, then our house burned down, & 8 months ago while my husband was getting an ultrasound, we came out & an older lady hit her gas pedal & totaled our car.put it right through a fenceI can’t believe ANYTHING WOULD GO MY WAY. Even as sick as I am, and all the help I need. I am so sick everyday.

I am 5 foot 9 & way 120 as I have to take medication to eat as my IBS is full blown. I think the WORST is the migraine headaches that HURT SO BAD that I have passed out & my husband called 911. Please PRAY FOR ME, US. I PRAY for all that’s GOOD, so you probably are already in my PRAYERS & have been.

Thanks again, Cindy •. Hi Kay, It was the exact same meeting as we had the first time? I spoke up more, and said I NEED HELP! I explained that it’s all in black and white. I even did what you said & submitted a copy of the test results to who you said.

Then I told the Judge they said that I should go immediately to the Doctor but don’t have one. I asked why did I have to have my Sister drive me an hour here for the same thing? He basically said it was protocol?

I honestly feel like this is the twilight zone. One thing that is odd, in a bad way is.when I was going through all this, My family and I knew about getting a Lawyer, but with my age, work history & ALL the medical problems, 90% which I have the records to provewe figured this is a perfect case of not needing a Lawyer. My son made a comment that, “Well if you don’t win right away we will know it’s because you did not play the game, you knowJudges were Lawyers & you know how people in the same profession look out after each other.” Well, the first hearing he asked if I knew I could have representation, which was normal. This time he asked why I did not get a Lawyer? So now I am starting to think, no matter how bad off I am, and all the documentation I have, they want me to “play along so everyone gets a piece”!

I am so shocked. I really don’t know what to do? I am having so much trouble & my husband needs me as he has serious kidney problems. It is getting real bad. I never thought it would be like this, and it is very scary. I am crying as I write this at 2:30am as I have IBS & am also listening in case my husband needs me.

So sorry to be so down, the total opposite of who I am. I even had one of the examiners ask me if my hair was a wig??? I said no, but I still shower, do my hair, get myself ready, when I go in public. I guess the guy with sandals & a tank top with a crutch did much better in front of the Judge, oh.with his Lawyer! So I guess now they send me a letter in many months? Thank you so much for chatting with me. What you think is going on?

Maybe you can give me any advice? Sincerely, Cindy •.

Dear Cindy, I doubt very much that your claim will be denied simply because you didn’t have an attorney. However, the judge could have asked you why you didn’t get an attorney because you were missing some opportunities to present your case that an attorney would have known to use. All that said, if your medical evidence is strong, your claim could be approved. At this point, all you can do is wait for the decision letter, which hopefully will come within the sixty-day guideline. Sincerely, Kay •. Hi Kay, My husband is now in the hospital with his kidney situation. We Pray that his numbers get well enough that he will get another chance to come home without dialysis.

I was just walking out the door & seen a letter from SSI! I am still shaking as I thought it was going to be a decision, & honestly I thought it was going to be a win. It is neither.

Maybe you can tell me what you think about my situation as I write what the letter says I have requested the disability determination services to schedule a consultivative examination for you. They will advise you later of the time and place..It just goes on to say the government will pay & that I should give full cooperation & if I have any questions etc Are you familiar with this? I was expecting a determination? You think this is a good or bad sign? Thank you very much for taking your time to help me through all of this.

My family appreciates having you to be there with these questions. We look forward to reading what you know about this & what your opinion on it is. Thanks again, Cindy & family •.

Kay, I just have to tell you this! I got the letter & they are sending me to the SAME DOCTOR for the THIRD TIME! This is the Doctor that I wrote to them about, as he said I could lift 150 pounds, run for 10 minutes NON-STOP! I see I told you this on September 23. I complained & explained that is not a slight exaggerationbut was VERY FAR FETCHED! I still have the report.

I don’t understand? So less then 2 months since seeing this quack, & reporting himthey are sending me back? Please tell me what are my choices in this VERY ODD situation? Kay, now I really feel like I am in the Twilight Zone! This is outrageous & don’t know what to do. Thanks again. Hello Kay, I have an update & a question.

I was told & can see at “my SSI page” that a medical determination has been made. It just happened a few days ago. Can you tell me now what to expect? Like, will I now be getting a letter to let me know the decision? Some say if you get the letter fast it is a bad sign, if it takes a while that means the local office is doing calculations & things that would not be needed to be done if I lost?

Thank you for your time & effort. As you have read MANY times I am surethe waiting is very hard on my already shot nerves. Any other way to find out the decision? Kay thank you for the information I will be getting me another lawyer. I spoke with previous lawyer and she is not wanting to appeal the case she has since moved to a new law firm.

I have googled.a lot about disability and have read that the alj is suppose to give the most weight to.your treating doc is this a fact. My old lawyer couldn’t believe that the judge made his.decision back in 2013 that was from an old application aren’t they suppose to be closed and they can’t go back to that old application can they I filled this application in Aug 2014 the old lawyer was saying something about the onset date which I don’t really understand •. Dear Misty, The judge has to determine when you became disabled, which might cause the judge to look at the medical in the old claim for history. Determining the disability date is important if you are applying for Social Security Disability because you have to still be insured for benefits (have twenty credits in the ten years prior to becoming disabled), even if the period being paid will be based on the current application date.

If the judge thinks that the treating doctor’ opinion is supported by the doctor’s medical records for you, yes, the treating doctor’s opinion is supposed to be given substantial weight. Sincerely, Kay •. Dear Misty, Yes, you can request an Appeals Council review and it sounds as if you might have grounds to be successful. You can change attorneys if there is nothing in your contract with your current attorney to prohibit it. Just be sure that you terminate the contract formally in writing and that you notify the Social Security Administration in writing of change in attorneys. I recommend that you have your attorney file the appeal with the necessary argument; however, if you are close to the end of the appeals period, file the appeal papers with a statement that you are getting an attorney who will submit the argument for the appeal.

Sincerely, Kay •. Hi Kay, I applied for SSI/SSDI in Nov. I was denied in Feb.

I appealed in April 2014. I had my first Appeals hearing in Dec. 2015 it was postponed due to not having all of my medical records on time. I just had my supplemental hearing today Jul 21, 2016. This hearing was also postponed due to the ME not being present. I’m 39 years old. I’ve been working since I was 14.

My medical conditions are as follows: Diabetes Type 2 uncontrolled, GERD, Asthma, Lupus, Chronic Pain, Obesity, Loss of Protective Sensation, Drop Foot, and Paralysis in my left leg. I also have had 3 knee surgeries on my left leg. My questions are about how long will it take to get a new hearing? What are my chances of being approved?

Is it normal to have more than one supplemental hearings? Hi Kay, My attorney filed SSD appeal in Jan 2015. I was told by SSD claim should be assigned to ALJ for hearing by April 2016 – as of today ALJ assignment still pending. Originally attorney appeal direction was as a “Closed Period Of Disability Claim”, however, following my recent medical exam and permanent limitations, attorney appeal direction is as a standard SSD claim.

Questions – Why is the ALJ assignment taking so long (PA)? Is it possible for the claim to be approved after it is assigned to an ALJ “but before” the actual hearing?

Finally, could the claim be approved as a “Closed Period of Disability Claim” versus a regular SSD claim? Dear Paul, Any claim can be approved as a closed period of disability even when disability has been claimed as ongoing.

If the judge finds that you recovered and then became disabled again, he or she might rule that you had two periods of disability, assuming the first lasted at least twelve months. Depending on which hearing office in Pennsylvania has your appeal, the average wait time for a hearing date is 20 months, although a couple offices average 18 and one 16 months. There are backlogs and your appeal sits until its turn comes up.

Appeals can be approved on the record (OTR) without a hearing. This can happen if the pre-hearing review makes clear an approval is appropriate. An OTR does not shorten processing time by much because the file review is usually done shortly before the hearing. Sincerely, Kay •. Kay – thank you!!

I really needed these specifics & this clarity. My claim is assigned to the Wilkes-Barre. Kay, you also answered (in advance) another inquiry I had. I was wondering if the claim is reviewed, then set aside & waits to be assigned “OR” not reviewed until it is ready to be assigned. So thank you in advance for anticipating this. Two final questions – Can my attorney schedule another client’s hearing before mine if my appeal request preceded the other client’s? The SSD provides a 20 day notice of the hearing is that business days?

Dear Arthur, What you describe is similar to an on-the-record (OTR)approval decision. The difference is the an OTR decision is made by the judge;that is, the judge decides an approval decision can be made without a hearing. The review and approval you describe can be done by attorneys or other staff in the hearing office without the judge ever seeing the appeal. Neither process ever results in a denial without a hearing. Attorneys are usually notified of an OTR when it begins but may not be notified of a pre-hearing case review until the claim is approved. Sincerely, Kay •.

I applied for disability in June 2014. I was denied the first time and at the reconsider level. I am diagnosed with ptsd, depression and psychotic disorder and take multiple medications. I have everything noted all my medical files and my doctor backing me up and filled out the rfc form. I was seen by a person from ssi for back pain but not for my mental issues. They determined my back is ok and my lawyer took that out the claim but we are claiming my mental issues. Does that make a difference by seeing my doctor at a mental health facility and not being evaluated by ssi for mental issues?

And while I was waiting for my hearing I worked part time for about 5 months before being fired due to me forgetting the schedule time I was supposed to be at work. I also was baker acted 3 times this year and held 72 hours everytime. I had my hearing on June 1st and it lasted about 30-45 mins.

The judge asked if I smoked weed or did any drugs told him no, he asked if I could read a magazine front to back and I told him no and it was other stuff like the people on my job tried to put me on a different position and I couldn’t do it and I told the judge that I barely talked to anyone including managers or customers that’s why I was kept in the back alot and there were other questions but I can’t remember. The judge asked the ve about jobs or something and I think I remember him saying there were like 2 jobs I could do. After the hearing the judge told me he will make a decision in the near future. My lawyer said he feels good about the case and that I have a strong case but he felt like the judge was trying to knock or downgrade our claim. From the sound of things what do you think are chances of approval???? This judge has a approval rate of 33% For the 2016 fiscal year, the judge has disposed 275 cases at the Office of Disability Adjudication and Review (ODAR) in Tampa, Florida. Out of those 275 dispostions, 56 were dismissed, 90 were approved and 129 were denied.

This means that the percentage of dispositions he has approved in Tampa for the 2016 fiscal year is 33% •. Hi, I applied for benefits in 2010 due to fibromyalgia and depression.

I was denied several times and filed an appeal. I was denied by the Appeals Council. I filed a lawsuit and five months ago a federal judge remanded my case back to the SSA.

The Appeals Council sent the remand notice back to my little cal ODAR three months ago. Accordingly to what I’ve found online, the average time for a hearing is 20 months at my hearing office. However, I haven’t been successful in finding any stats on average length of time for remand hearings when the remand is coming from a judge versus the Appeals Council.

I called the hearing office and they are not very forthcoming with information. They’ve been trained well. On my most recent call, one rep advised that they do give priority to cases that are remanded from a judge. I asked her how many remands are waiting in the pipeline for my particular judge and as I anticipated she said she didn’t know. How can I get more info.

If I have to wait another year and half, I would like to know so that I can pace myself mentally. It’s how I’ve been able to avoid a complete breakdown. Thanks for your input. Update: I called my local hearing office a few mint yes ago and the rep I spoke with was very friendly and expressed that he was happy that he was getting ready to leave the office and I was the last call of the day. Well, he informed me my judge is being scheduled for his remand hearings starting at the end of August/early September. I mentioned that online it states 20 months for a hearing and he advised (which I figured) that I wouldn’t have to wait that long because they give priority to remands that come from a judge.

He certainly gave me hope. Being sick has taken its toll on me but thanks to my faith in God, and my supportive husband and sons, I’m hopeful. Dear Glendon, It is correct that the Appeals Council will consider only what your medical condition was up to the time of the judge’s decision. The reason is that the Appeals Council is looking to see if the judge made an error in handling your appeal. If the Appeals Council upholds the hearing decision, you can file a new claim claiming a disability onset date equal to the first day after the hearing denial letter. The recent surgery would be considered in the new claim.

(I’m not aware of any prohibition to hiring an attorney to help with your appeal if you can find one willing to take the case at this point.) Sincerely, Kay •. Hi, I filed for disability in April 2010 and have been denied over and over. I had a remand hearing February 5 th 2016 what is the time frame of getting a letter back on the decision? Also if I’m not approved again what is my next step?there where only two things the judge had to agree to or disagree and also she has to give a reason for her decision. I did not get the same judge. This is a lady judge whom gives more yes then no to her cases. I’m 50 years old now my condition has worsen and Iv had a stroke.

I pray I get this time around. Thank you Jamie •. I applyed in 09/ got denial/ got an attreny 1n 13, hering came up in april, for knees lt ankle back. Anxiety depression, denied, that agt 8/1/13 had heart attack, while in the hospital! My ruling came in the mail! On the 6th of 8/13, i was in till the 16th!

Atterny called while i was their but i neerly / sould be dead, mirrical doc said! Now!!, they called while in the hsptl and handed phone to my mom, i just turned 40 ap 29th, nothing!!! My attrenys did!!

But waited, for me to come around!! Ok, i got out of the hspl and was not right still have some signifagent problems mimmory spelling anxiety depression, they the atterny said in let it exspier?? To fill an new claim cuose the ssi jugde would nt let nuy heart in new evidence!!

But i remember the hearing in aprl 13 i had an realy bad panic anxity attack and he said ” i ve never sean any one like me!!! He ask how many times x/x happen s, i told him 2/3 times a month! In my mind he was asking an week!!!

My attrny did nt / thryed, but off to the races i whent! The the heart 8/1/13, months later nov we fialed an new claim, i feelt like this is nt right!! Any why i just received an denial letter 2wks ago!!! And i read on this sight about jugdes not fovererable disisions, i have / had 5 five dc s!!! On state phycoligist, and state med doc, my gastro from enemic blood loss internail bleeding– we rst than ebs, my phycoligist and phyciratrist presentded i can t work flat out, 7 stent s in the heart (( oh my first attack 5 stents, within a year same arttery n attacks 2 more stents with in an yr!))) so i like athers i ve read about, i only talked to an clerk/ secratery ”to pass it ” on the my i thoght was an attrny!

Not peralegal!!! Didnt find out till the day off hearing, she did realy seam to know updated what ever you call it, so i m like hey i want my mom and aunt to come in they know i get flusterd an anxity etc, she said no!!! That got me flustred!!

Right be for going into the hearing, so i was like why go in?!! In my head, so we get in their and i saw the jugde and we looked at each ather and,’you know how you know from looking at some one it anit their” well i got that fealing, so throgh the ”hearing ” he asked about this?? Looked at my preral, and she looked like what s he talking about!!! I asked let me go get my records in the waiting roon 20ft awy!!! He said no!,, well i dont know!! What the date so on,, then ask q and would nt let me finish my answer or just whent to anther cutting me off trying to answer a q, then im asked let me / i want need my mom to help me cuose my heart attack im not all their if you will, he said no, why your rep doesnt want them in her, no!!!

She looked puzzaled!! Of some of my condittions and the servarity (s) i asked to use the rest room, he s like no!! Can you hold it, im like i need to go, can you hold it not for long,we re raping it up so hold it!! What med s are you on, my heart, stumic,calesteral, anxiety, can you tell em to me, no i need to refur to my list,, do you have it,,, no my ” rep said not to bring any thing in with me!,, he asked do you?

To my rep,, have an list of his med s,,, she replyed no,, let me go get mine,,,, no!!! I ll look it up on the pc,,,, are you taking this and that,,, yes to most but some i ld have to look at,,, we ll,, are you on this i dont remember their still change em,,,, ok that concludes the hearing,,, dont i have something to say!@!! We ve bein her for 45/ 1hr, then asked do you get angry? Im like damd if i do and damd if i dont!!!

Mom my wrote him a letter she left out she was and nurse!! But he in his jugde ment yha what she said is it but their/ she had no med training or something a rather!!! I dont have an conitted mew attrny yet but im working on it!!

I filled with help the reqest for review of hearing decision order, but is their any thing or advice,, any one im missising alot here and my train of though when axniety so please bear with me i hope you all or any one can give any sugestions please contact me, or post, my e mail is thank you, and again theirs some en wrong her!!! I had an bwc claim at one point, and the doc did or get paid for and disision against!!!, hell one i m e trashed my rt knee, one came on to me, from mid east, the a m a call me a few yrs later after reporting him for sex heras, and their like will you still testtfy yha!!! 5 ather pepole said he was doing the same, well he was foung gulty, but hoped on a jet and whent home!!!!

I went to court March 11,2016 I was denied be for 3-5-2013. I have had 3 back operations I have degenitive spine,bulging disk,depression,anxiety, and breathing problems I use 3 different inhalers, my Dr put on my papers I have chronic back pain fir years when I called last week my case is in decision writting.the ve. Stated he had no job for me.the judge stated to change two jobs in rating from 4 to 2’s stated I could do those jobs then the VE he stated no job for me i have dizzy spells,off balance and nerve damage and numbness in left foot.I also had shoulder surgery Oct 21 2015 and was awaiting a 3rd surge may 11th 2016 do I have a chance for approval.

I was very organized and had all medical.the hearing took 1hr 20 min. At the end the judge said ok we all in agreeable let’s wrap it up and told me I’ll be sending u papers in the mail. I did not have a attorney •. Dear Chris, You need knowledgeable assistance from an experienced Social Security attorney because your request for review by the Appeals Council has to state what the judge did wrong in following the rules for hearings, which requires knowing Social Security regulations around hearings. Try checking with your state’s Bar Association for a list of attorneys who specialize in Social Security claims.

Then choose one who will talk with your and your mother about what happened at the hearing. Sincerely, Kay •.

I Attended my hearing On April 19th 2016 and was denied 3 and half weeks later by the judge. When I read the paper work it stated that the VE stated that I could do my last job with but that is not what she said when she was questionedited by the judge in hypothetical the only question she answered yes to was can she find a job working with no more than five people. She then answered no to everything else and did not say anything about any other jobs or my last job.So my attorney said that’s all I needed to know but like I said when I got the paperwork back the judge had something totally different.I am currently diagnosed with chronic back pain, major depressive disoder, agoraphobia, PTSD, panic disorder and generalized anxiety disorder that was just one of the things that I noticed that the Judge made a mistake on and he said he didn’t believe me also he brought up thingsome that he never mentioned in the hearinglike my relationship status. Although in the paperwork it says my diagnosis is several he says it’s not a problem •. I have to wonder if this person got the same judge as I did. After 3 years of waiting for it, my hearing ended with the VE stating past jobs not transferable. No to hypotheticals and both judge and VE stated 201.04 and 201.06 in the hearing.

When I got the audio, none of it was in there, the VE answer was changed and parts of MY testimony was clearly CUT and splicednot inaudible. Clearly cut off and reconnected together at the convenience of what would be the judge’s verdict of NOT disabled. I would have been just off the grids for my age, past work, education etc., not including my severe bipolar, depression, inability to get along, social dysfunctions and physical impairments (A Fib, Asthma, post surgical knee injury), DDD and more). Something fishy. All under oath and still tampered with. I woke up deaf four years ago. I had cochlear implants put in a yr later, one stopped working and I was told my audiologist the implants were recalled shortly after my surgery.

I’ve had multiple stays in hospital for severe pancreatitis, chronic migraines for 16 yrs, I pay for my insurance & meds myself. I’ve lost some speech while deaf and my eyesight is getting worse each year. I’ve just had a third surgery for my rt implant and the judge who was so old and knew NOTHING about cochlear implants or where they went had no clue about anything. I don’t hardly drive, I have keyless entry and it’s difficult to hear engine shut off, those things happen to me.

I’m just glad I didn’t kill myself or kids. He said we would come back after we received current med-records two weeks later I got a denial. I found an attorney, I pray to god she’s going to help but I’m wondering if I will get my payment for the remaining time till the years up? Does anyone know? Hi Kay, I have a few questions. I went to my first hearing December 2015.

The ALJ didn’t question me on my illnesses (only about doctors), he did NOT ask the VE one single question. However, he said he would request more records to cover the last four months from my doctors. He also stated “Maybe we would have to come back and maybe we won’t”.

My attorney did not know how to read this as he never went before this judge. Why wouldn’t the judge ask us any questions? Fast forward five months, i have a second hearing scheduled for next week. This time, the judge has requested an ME to appear by phone and also a VE.

Testi Giuridici Ebookers here. Im not sure what to make of this. He never sent me for a CE, i suppose because the RFC from my primary doctor was sufficient.

I have uncontrollable type 2 diabetes, high blood pressure, severe diabetic neuropathy, stage 1 renal failure, Bipolar disorder with schizophrenic episodes, and major depressive disorder. I have been going to every doctor appointment without any misses and gave thorough medical records. My problem is. I just found out 3 days ago that I am pregnant. Would being pregnant have an affect on the judge’s decision in any way? Hi Kay, I had my hearing with the judge in November of 2015. Long story short the judge said he didn’t believe my primary doctor and he didn’t accept the restrictions placed on me by my doctor.

Even though I had mri showing disc and nerve damage along with spinal stenosis. My case is now in the appeals council stage. My lawyer in the mean time sent me to an independent Doctor who did an rfc along with a few other test on my back. The independent Doctor came back with the same results and restrictions as my primary Doctor. Does the appeals council now have to consider the results by the independent Doctor? And how do you think this will affect my case? Kay, first,thanks for all you do to help out.

It’s nice getting an opinion outside of the case. I am at the appeals council level waiting for an answer. My question,, the law firm I have been using is about 4 states away.

( I wouldn’t recommend an out of state atty.), I spoke with an attorney two and a half years ago when they accepted my case. The next time I spoke with an attorney was 5 min.

Before my hearing with the all. Anytime I would call to ask questions during the two and a half years, I always had to speak with an assistant. How in the heck could she possibly understand my case without even discussing it with me until at the hearing? My primary, my 3 ortho surgeons all told me I shouldn’t have anything to worry about when it came to winning my case. I have 3 bad discs and have had surgery on one of them so far. Can I dismiss my attorney’s office, or am I stuck with them until it is over?

Thank you so much for hearing me out. No one else will. Dear Rick, I suggest that you read the terms of the agreement your signed with the attorney firm, specifically the provisions regarding termination of the agreement. If it says you can terminate, check with the Social Security Administration regarding how fee payment will be handled if you win the appeal filed by your current attorney either on your own or with the help of another attorney.

(Most Appeals Council reviews that are not denied are remanded to the judge for more investigation and another hearing. Sincerely, Kay •. Hello, I found this website by using google. I have been denied twice. They told me to file an appeal.

However I think that i need to redo my entire application. They put I said I have low back pain, hand pain, hypothyroidism, depression, anxiety with panic attacks. Well this lets me know that someone isnt paying attention but it could be that because my hand writing is bad because of my hand pain they couldnt understand. I have hyperthyroidism and hashimotos disease with a goiter and nodules, disc degenerative, spinal stenosis, pcos, uterine fibroids with enlarged uterus and cyst on my ovaries, anemia, fibromyalgia, morbid obesity, severe depression, anxiety with panic attacks. Now this is on my medical records which they said they didnt get some but I made sure i, my pcp and my doctors sent them in. I think because alot of my illnesses are missing on their papers I should just redo a whole new application. Im confused because a lot of people like myself have been getting denied at all levels because they are onyl paying attention to the first forms you sent in.

Its like they think the new things is all lies. Please I need a little advice. Dear Shay, If you have been denied twice, your next level of appeal is a hearing. I would advise filing a request for hearing and pursuing your original claim.

If you start over, you may receive less back pay if you are approved. Starting over could also make you ineligible for Social Security Disability if you are not still insured after the date of the last denial. I strongly recommend that you request a copy of your claim file to see what is actually in it and that you get an experienced Social Security attorney to help you prepare your case for the hearing.

(Do not, however, miss the sixty-day appeals deadline.) When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge, and the Social Security Administration pays the attorney directly from your retroactive award before they send your back pay to you. Sincerely, Kay •. Hello Kay, I had my hearing with alj back I’m November 2015 the denied was given quicker than expected (4-5 weeks). During the hearing the alj asked did I have any upcoming appointments which I answered yes and told her I would be seeing a neurologist, pain management doc, and psychiatrist, in addition to a scheduled MRI, and nerve study. I believe she noted it but not sure and I know that they do not have to wait for these appts even though they were in the next month or two. After getting my denial I took me 2 weeks to decide if I would appeal for several reasons.

First being afraid of the long process and wait time again and second because the precious evidence was an act of malpractice and I was misdiagnosed. I was diagnosed solely on my verbal complaints without proper diagnostic testing. After the proper testing was done I decided to send the new evidence and state my reason for appeal. My question is I know that the appeals counsel will only issue another decision if they find fault in the alj but my case is a little different. Will the fact that the hearing was based off of a misdiagnosis have any role in the coubsles decision? Dear Shelll, Typically the Appeals Council does only look to see if the judge made mistake based on the evidence submitted in the claim file and at the hearing.

I suggest that you contact an attorney right away to discuss the situation and to find out whether the just not waiting on the decision until the testing was done is grounds for a successful Appeals Council Review and, if so, whether a substitute or supplemental brief can be submitted to that effect. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge, and the Social Security Administration pays the attorney directly from your retroactive award before they send your back pay to you. It could also be helpful to request a copy of your claim file and the hearing file.

Sincerely, Kay •. Hi, my onset date is nov 2010 i have been denied more than a stolen credit card.this is my second remand hearing with a new judge first off is that a good thing?

Also I have new evidence and my condition has worsened i did work during some of the time between 2010 and 2016 but no more than six months or three months at some points and i basically felt like i was forced to work in my condition due to errors made by the first judge I had. My attorney told me that i might get back pay for the months i did not work and my case is looking good with new judge and all but wouldnt some of the months that i worked be considered uwa.unsuccessful work attempts?

In ssdi law does that not exist and who is that up to the judge or if he approves me the person who calculates everything? My new remand hearing is next week with a new judge it has been a long fight and very very hard on me especially with mental problems. Don’t give up anyone.keep fighting for your rights. I feel my denials were both unsubstantiated and caused me many years of pain and suffering. Is it also a good thing that the appeals council has said that the last judge did not follow any of their instructions in considering my combined impairments and he basically overlooked my periods where I did not work and did not move on to the next step therefore causing me to be found unfavorable. However first hearing he moved past first step the ve also testified upon questioning that I could not do these jobs she said on cross examine.

Will the judge look at what that ve testified as well as new ve next week or is it just based on what the new ve states. There comes a point where the money doesn’t matter and its just about whats right and your life and whats wrong with the system keep the fight other people keep your faith.

Thanks for any advice or opinion im praying for approval and maybe some retroactive benefits. Dear Bob, I would say that since you have twice been before a judge unsuccessfully, it is a good thing that you will get a new judge. The judge should read the entire claim file and prior hearing transcripts. In a Social Security claim, short work periods of Substantial Gainful Activity (SGA), which is typically defined as $1,090 gross earnings, that occur before you have either been off work for twelve consecutive months or have been earning less than SGA for twelve months, should be treated as unsuccessful work attempts. If they are and you have met the five-month unpaid waiting period, you will be paid for those months. If the work occurs after twelve months of disability, the first nine months of earnings above $780 are Trial Work Period months for which you will be paid. After that you will not be paid for any month you perform SGA.

The judge determines whether a period of work qualifies as an unsuccessful work attempt. Sincerely, Kay •. ( I did not get to finishsorry, my thumbs don’t work well anymore and I can’t really sit long enough to write long or to proofread. But you get it, I’m certain, especially if your judge was similar and your hearing did not go well dues to the judge’s shortcomings. There need to be better checks and balances. And your “trial” should be “speedy” or at least speedier than it is now.

My lawyer has appealed to the Appeals Council. He basically made three good arguments (the judge ignored a good part of my medical issues and focused only on my back, the judge, should he think my specialists should have done something different, is under an obligation? To recontact my specialists to get more info or clarification as to why they did or not do what he felt these specialists should or should not do/also that the judge failed to comply with regulations that require he give more weight to my treating physician, the judge failed to consider my persistent efforts to obtain pain relief–the many specialists and therapies, medications I’ve sought and my long working career enhance my credibility rather than diminish it. He summarized my illnesses and requested that the judge’s decision be reversed.

But we will see. It’s been 6 months and I’ve heard nothing. Ive called, but all they tell me is that the average wait times for an appeal are 13 months. If my case is remanded to the same judge, I’ve already told my lawyer that they can just keep my money. Under NO circumstances will I ever be around that judge again. My lawyer stated that he wasn’t sure, but that since it was out of state and a video hearing, that I could request another judge in-state, face to face, but I don’t know if this is true? My lawyer seemed unsure.

Actually, I’m more worried about taking a verbal beating from that horrible judge than not getting my benefits, even though I’m about to lose my home of 30 years. In my opinion, that judge “lacked credibility” as evidenced by his actions. The fact that he found me “not credible” is just a projection of his own inadequacies.

And he knows it, on some level. Dear Susan, I have read both your posts. I suggest that you pursue your appeal even it it is remanded to the same judge. You will have several months to recover from the last traumatic hearing and a lifetime of income is at stake for you. Also, if he is as apparently inept in his decision as the last time, you will continue to have appeal rights. Also I encourage you to ask your attorney to find out whether there is a formal process for requesting a different judge due to unprofessional behavior or something of the like.

Sincerely, Kay •. Dear Brenda, You can appeal by requesting an Appeals Council Review; however, the rules for the submission limit evidence you can submit at that level of appeal and you have to make a case that the judge did not follow procedure in some manner or another for the decision to be overturned or returned to the judge for further investigation. Because of this, people usually need an experienced Social Security attorney to assist. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award before sending your back pay to you.

Sincerely, Kay •. Hi, I would like to know if a person can continue to receive SSI benefits while their case is under appeal by the Appeals Council. I am asking because I called the toll-free at 1-800-772-1213 and after looking over my claim, I was told that I could complete Form SSA-795. So I completed the form and faxed it to my local Social Security Office the same day. The problem is that the fax was sent about 9 days after the 10-day period allowed to mailed in the form. So I would like to know if that will delay or deny the continuation of my SSI benefits?

The SSI benefits stopped at the end of 2015 and the Appeals Council request was sent in the first week of 2016, and the Form SSA-795 was faxed at the end of January 2016. Hello, went to ssi hearing in front of ALJ in June of 2014 received letter of denial in December 2014 my attorney filed an appeal with council after several months of waiting and not receiving anything called in July 2015 to ODAR and they said still pending called again in September they said that my file was somewhere else that it wasn’t even there anymore they couldn’t look at it and at what level it was then I call again in December and they tell me it has been screened and ready for analysis, the person said that she doesn’t even know what that means it’s what’s showing up on my file. Thank You very much. Hi Kay, I had a hearing on 10/19/15 and just got denied today. My lawyer said after my hearing that my case is so strong, and that I have so much evidence, that if he denied me she would immedietly file an appeal, which I am now in the process of.

I was reading the reasons why he denied me, and they were completely untrue and unfounded. They were things that my lawyer had proved in court in my favor. The vocational rehabilitation specialist that he had said that she believed that I could be a janitor, but when my lawyer cross examined her, the vocational rehabilitation specialist changed her mind. My judge said in his report that the vocational rehabilitation specialist in fact did not changer her mind during the hearing. He has so much inaccurate information that I was dumbfounded. How is this legal?

Will I have to have him as the judge who goes over my appeal because I do not see that going well. Thank you for any help that you can give me.

Hi I would like to know if a case is remanded back to the judge why is it at the DDS office and who will make the decision since it originally came from the appeals office. The appeals council judge or DDS office? Also, since I didn’t get a letter from appeals council stating its being remanded does that mean it is or is not? I just assume it was remanded since it was sent back where the judge was located.

Is it possible to be sent straight to the DDS office instead of a judge? What do the DDS look for? Dear Latoya, Apparently, the hearing office wanted additional information and it is procedure for the DDS to gather it. The purpose of the next hearing is for you to have a chance to prove you are eligible. If you do not have an attorney, it could be a good idea to get one to review your claim thus far and help you present your appeal to the judge. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits.

Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award before sending your back pay to you. Sincerely, Kay •. Hi Kay, I have a situation that I haven’t seen addressed anywhere else and am hoping you can help shed some light. I filed for SSDI in Sept. My disability was caused by a severe TBI from a car accident when I was 10 years old. I was in a coma for 6 weeks and was left with numerous cognitive, emotional and behavioral deficits.

I’m now 40, but I didn’t make the connection between the TBI and my problems as an adult (instability, inability to hold a job, etc.) until about four years ago. I was first denied in Dec. 2013, then on appeal in Feb. 2014, so I settled in for the long wait for my hearing before an ALJ.

I was (still am) also suffering from depression and was (still am) very socially isolated, so I began working part-time at a local cafe, mostly to get me out of the house and help ward off further depression. I think I only made about $6,000 in 2014. My hearing was finally scheduled for Nov. 17, just a couple weeks ago.

On the morning of my hearing, I got a call from a paralegal in my attorney’s office telling me that the judge cancelled my hearing and 1) wanted to know how much I’d made working at the cafe in 2015 (roughly $3,500 total), and 2) to send me for a mental exam. SS already sent me for a psychological evaluation in Dec. 2013, before my first application was denied. I’m really frustrated that SS is *just now* getting around to asking for a mental exam when I already had a psychological evaluation, as well as neuropsych testing (which I paid for), gone to see a psychiatrist and counselor, faithfully followed everything my PCP has recommended, etc. The other part of this is that I recently got a letter from SS telling me the date and time for the mental exam. In some additional papers, it says that the state agency will review the doctor’s report along with all the other info in my file (more than 400 pages) and make a disability decision. That makes me think I’m not even going to have a chance to go before the ALJ, but that’s what I’ve been waiting for this whole time.

Aren’t I entitled to plead my case before the ALJ, or has a decision already been made to approve my claim? And if that’s the case, why would they send me off for a mental exam??? Please help, I’m so confused! Dear Kim, The information you gave does not indicate that you have been approved. It is likely that your work in 2014 and 2015 raised the question of whether your health has improved since the 2013 evaluation and earlier documentation. The hearings office would have asked the DDS to set up the consultative examination.

I think that the language about the DDS making the decision was an error–probably part of a form letter–however, you should check with the hearing office to be sure that you will get a hearing after the exam report comes in. Also, you might consider attorney assistance to present your case at the hearing. Sincerely, Kay •. Kay Please help!

My husband was 2 weeks post op from 2nd herniation discectomies and laminectomies surgery. He turned 49 3 days before denial.

His last post op note from visit which was done by a PA states he had physical exam and neurological exam everything great 5/5. Problem is no physical exam or neurological exam was ever done. I was there to witness this.

This was submitted to DDS and this cannot be his record. Question: he is in reconsideration status if we can prove this is not his record what will happen? Will they red flag his file Or do the reconsideration even with a falsification of his record? Please advise. We are willing to take legal action because this primarily could have been what the decision was based upon. They did say that they felt would not last longer than 12 months. So I believe they think he is doing great when he is worse than before surgery.

Hi Kay, i sure appreciate your current comments on social security questions – they appear to be the only ones in existence that are not dated. Not that anything has changed much in this enduring process. Here is my question: i am told by the hearing office after my hearing 4 weeks ago that the judge wants me in again for a second hearing. This, as far as i know, is without my original hearing ever having a decision made. Still waiting to hear when (another wait!!) and why (if i get a reason not sure). Yes, i have an attorney who did not get to know me well enough and i fear this is part of the problem. I have lived in three diff states and had ten addresses since applying in april 2013.

I got tossed about due to no insurance, no help. When i moved to Illinois out of desperation a year ago, everyone told me (doctors, attorneys) that none of my past records matter, i have to build new records tied to this state. Exactly what i did.

I have both mental and physical disabilities and the psych. Doc came to my hearing out of compassion and shared what she knew about me in the past year and was vague about anything prior to because she did not know me. Nor were my previous histories tied to all that she had documented and provided in the past year to the attorneys for my claim. Do you think this is what the second hearing is?

And is it still considered a ‘remanded hearing’ which seems to be a dirty word around here. Thanks for your time and attention, a much needed venue! I am now scrambling to contact my doctor/counselor from a year ago and going to ask if they will provide input on my behalf. My attorney i met over the phone the day before my hearing and when he rushed me through, he claimed that i really don’t have much to go on with the medical, so we will focus on the mental side. Wow, red flag. I tried stopping him to say, ‘Wait, i am nervous about tomorrow and i feel like you do not know me at all.’ he immediately got defensive and put me in my place. Shame on me for not knowing better and having no advocate to help me through this life/death process.

ADVICE TO ALL: do not wait for that twenty minute rushed attorney call the day before your hearing. I saw every person who walked into that ALJ office were just meeting their attorneys for the first time. Maybe because my case trailed thru 3 states puts me at a distinct disadvantage, but do not assume the attorney has ever even looked at the exact details of your case. Dear Stephanie, Your second hearing is not a remand hearing. The judge apparently wanted more information from you in a hearing after reviewing your records more or getting additional records from you. Here is some general information about selecting a Social Security attorney. Anyone hiring an attorney should have an initial interview with the attorney in which you familiarize the attorney with the main reasons you are filing the claim and the proofs you have.

You should also ask the attorney how he or she will approach presenting the claim. Will the full claim file be reviewed? Will the attorney contact you, if anything in the claim file is not clear or missing? How will he or she prepare you for the hearing?

That way there is a possibility of having some idea of how active the attorney will be in your behalf. Sincerely, Kay •. Did you get approved? I had my hearing and the judge didn’t even require that the VE come into the room, even though one was scheduled.

Why would this happen? I also had a witness there to testify and the judge said that wasn’t necessary.

Do you think this means that the judge will approve my case? If he denies me, doesn’t he need the VE testimony in order to deny?

My job history was missing from my file and the judge just asked for us to pleads provide that information for my file, which we did that day. Are approvals processed any faster than denials? Ten years ago I was involved in a pedestrian/motor vehicle accident. I have had nothing but problems since. Bias/ slanderious and criminal doctors, a lawyer that just up and disapeared in the middle of my appeal, and in turn missing the deadline. I had to refile, but of course I was denied, I appealed and was denied again. I retained a new lawyer, went in front of the ALJ judge again, where some things were the same, some very different.

The first time he didn’t allow my husband to come in with me, only kept me for 10 min or less, made comments that were untrue and unsupported. The second time took much longer, but again, my husband was not allowed in.

Though in both cases my VA disability was mentioned along with my limitations given to me by my doctors as a result of this accident, the VE was only able to find 1 or 2 jobs IF they were cut in half, which I’m not fully clear what that even means. However, when my attorney asked her to include my restrictions BOTH times there were no jobs I could do, but was denied anyway. The second judge contradicted herself so much it made NO sense what so ever, in one sentence she says she finds me to be severely disabled as a result of injuries sustained in my accident, and they were so severe I would be unable to preform the basic requirements of a low level job, and could not go back to any prior jobs.

She talked about names, dates and even medical issues I had never heard of. My attorney assured me I have a great appeal, and in fact believes she may have me confused with someone else. I received that denial 17 months ago. I called today to see what’s going on and was told it was now “under review”. How long does that typically take, and is that a good thing? Can they over turn the decision while “under review”? I have been fighting this for almost 10 years now I have a TBI, hearing loss, degenerative disk, and joint diseases, neuropathy, loss of movement, loss of feeling, drop foot, and limited movement of my dominant hand.

Everything listed in their “blue book” and the MRI’s, CT’S and x-rays to prove it. What is the hold up? Why wouldn’t they let my husband testify? What happens if they did get me mixed up with someone else? Would I still receive back pay to the date of the accident since my former attorney went MIA without notification?

I just feel that I have (1) not been taken seriously, and then (2) fallen through ever Crack possible. Dear Nikki, It sounds as if your appeal has finally gotten its turn in the Appeals Council queque and is being actively reviewed. The Council can uphold the judge’s decision, overturn it, remand the case back to the judge with instructions to do further investigation or analysis. Remand is more common than overturn. If you are approved, payment will be based on your current claim, not on the prior claim. I believe your attorney could have listed your husband as a witness in which case he would have testified when you were not in the room. Apparently, the attorney did not think that would help your case.

Sincerely, Kay •. I became disabled August 8, 2015.

I applied for SSDI and was denied twice. After several more tests made by my Neurologist, it was found that I have Frontotemporal Demenia. The first time I was denied, the SSA stated that I was qualified to return back to work, as my doctors had perscribied medication, so therefore I could return back to work. There is no cure for FTD and no known drug to help. My senator helped by sending my medical records to the ALJ for review.

When I contacted the SSA to see just where my case was at, I was told by email that there was no change in my original claim. I am now confused.

I had an attorney but they would not lift a finger to do anything except file my claim. I fired them. My question is; Having been diagnosed with FTD, and that illness being on the SSA’s list of Compassionate Allowances, will the ALJ consider my case a no-brainer and expadite my approval? Dear Donna, Based on the information you gave, I am not sure whether you have had a hearing or not. If you have not, you can request a decision on the record, which means asking the judge to approve you based on the medical information that has been submitted.

If the judge does not approve on the record, you will still get a hearing. If you have had the hearing, then basically you just have to wait. However you can call the hearing office to find out whether the decision has been made and a letter is being prepared or whether the judge has not ye t amde a decision. (As an aside, I think you quoted the wrong year as the year you became disabled.) Sincerely, Kay •.

Dear Kathy, I would say that it is unusual for a vocational expert to change testimony after the hearing. The letter to you about the change may have been your opportunity to respond. I suggest that you consult with an experienced Social Security attorney to discuss whether it would be worthwhile for you to request an Appeals Council review of the judge’s decision and, if so, to craft the appeal.

When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award before sending your back pay to you. Sincerely, Kay •. I just received my letter stating that my case will be remanded back to the ALJ because he made many mistakes. He has an extremely low approval rating, so he pretty much doesn’t approve anyone.

So, what’s the point of this remand? What could possibly change this man’s mind if he will just be reviewing the same medical records as before and already has his mind made up about me? My attorney firmly believes I have a great case with very efficient medical documentation, but told me we WILL lose again because of this particular judge.

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