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Social Security Disability Appeal

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Overturning a Disability Denial with a Social Security Disability Appeal – Learn when and how to appeal a Social Security Disability denial and find out where to get assistance with your Social Security Disability appeal.

social security disability appealThe Disability Advisor on Appeals

Welcome! You have arrived at the fourth of DisabilityAdvisor.com’s Social Security Disability topics—Overturning a Disability Denial with a Social Security Disability Appeal.

The Disability Advisor website offers at-your-finger-tips answers to the most frequently asked questions about Social Security Disability. For example, you can browse the seven articles in this section for plain-language answers to the most frequently asked questions about Social Security Disability appeals.

These articles address:

  • How the Social Security Disability appeal process works.
  • How to file a Social Security Disability request for reconsideration, hearing, or Appeals Council review.
  • The difference between a fully favorable and a partially favorable decision.
  • A look at why you may have been approved for workers compensation or Veteran’s Administration benefits but were denied Social Security Disability.

Act Now to Get Help with Your Claim or Appeal

An experienced Social Security Disability attorney can help you with your Social Security Disability claim or appeal with no advance out-of-pocket cost to you for legal fees. This means you pay attorney fees only if your claim is approved. Then, attorney fees are subject to the standard limit set by the Social Security Administration and are deducted from your Social Security Disability back pay. All very convenient and risk free.

Social Security Disability Appeal
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  • Published: 3 months ago on January 2, 2017
  • By:
  • Last Modified: March 16, 2017 @ 8:45 pm
  • Filed Under: Appeals
  • Dear Steve,

    I suggest that you request a copy of your claim file and the hearing transcript and file a request for an Appeals Council Review. You will need to list the errors that the judge made when coming to the conclusion that you were not disabled. For example, did he ignore your doctor’s opinion, did he make the decision without testimony from a vocational expert, etc. Usually legal help is needed in preparing the appeal.

    Sincerely,
    Kay

  • rocky

    Kay,
    I’m sorry I’m reposting this post from yesterday but I can’t find it today!

    Hey ROCKY says:

    Your comment is awaiting moderation. 

    NOVEMBER 9, 2016 AT 4:59 PM

    Hi Kay,

    My attorney just requested an on the record review for me. I’m unable to find info on that process, can you explain from start to finish what to expect? How long does it take, who reviews it, will I hear back and from who?

    Also, am I able to sign up for file access on my case?

    Thanks

    Disabilityadvisor.com

    • Kay Derochie

      Dear Rocky,

      You posted your question under a different article and the response is under that article. This is what I wrote:

      The request for an on-the-record (OTR) review may speed up your appeal because if you can be approved OTR, you will not have to wait for a hearing date. However, it can take nearly as long to get the review decision because your claim still has to wait its turn. The review will be done in the hearing office usually by a judge (some reviews are now being done by attorneys in the hearing office) and notification of either approval or the eed for a hearing will come from the hearing office.

      With regard to file access, your attorney may have already gotten a copy of your claim file in order to tailor the appeal to the last denial. I suggest that you talk with him or her.

      With regard to your current question about file access, your attorney may have already gotten a copy of your claim file in order to tailor the appeal to the last denial. I suggest that you talk with him or her about this.

      Sincerely,
      Kay

  • Randy Violette

    Hi Kay,
    I go In front of the ALJ soon. My lawyer said he was not taking my case cause he is running for public office a Time Issue. I’m going to represent myself… Anyways, Im a Disabled Vet 70% P&T TDIU. So from reconsideration to ALJ under 3 months..
    In 2006 the SSA made a mistake on the Dates and said I couldn’t get SSDI.
    They sent me too There Psychiatrist who stated In Black and white that My Disabilities are all cause by my time in the Army. Right there WON SSI. So, then the SSA Tells me you need to apply for your Veterans Disability. I did and won. Stated above which would be the equivalent of 100% P&T.
    So, getting 100% VA I couldn’t get SSI any more. Later down the road I had a friend looking at my papers and he stated hey you can get SSDI…
    So, I reapplied Denied, & denied, Now to the ALJ…..
    She’s going from 1988 to 1998 last time I was Last insured. I had 30 Credit I only needed Six. Disability accrued In 1988. All Mental Health, Im 48….
    So, In 1989 too 2003 I saw this Mental Health councilor at a clinic….
    I have over 2 feet thick of medical records..
    This Is my Problem.. from 1989 to 2000 this clinic Shredded all my records. They did write a letter stating they did.. So, Im kinda screwed.
    I did do a lot of research I also wrote The ALJ a Brief…
    The psychiatrist working for the SSA were I got awarded SSI Stated all my Disabilities were from My Military service.. Apparently thats Not enough?
    Any suggestions would be very helpful… Thank You

    • Kay Derochie

      Dear Randy,

      It is going to be very difficult to prove you were disabled nearly twenty years ago, especially without any medical records. You can try to make a case on the consulting physician’s report, but I’m not hopeful about the prospects.

      Sincerely,
      Kay

      • Randy Violette

        Hi Kay,

        My hearing with the ALJ went well I think. Lasted about 1 hour. My hearing was via Video. Sworn In with the VE. There was the VE, ALJ, Recorder, and myself. Onset date 1988, DLI 1998. The ALJ stated that she was going to try to get me Disabled by stage 3 of the 5 stages.
        I had opening remarks, I stated that I have been Disabled since 1988. I then explained that I had been to several Psychiatrist, Phd, MHLCSW. I noted that there was a period of time from one clinic that the records were shredded.
        The ALJ noted that she had read my Brief and also noted that she knew In 94 I was referred to that clinic and she knew who I saw all documented. I then explained that In 2005 I went to apply for SSDI. But, the worker at the SSA said I couldn’t because, I didn’t have enough credit. Which was not true after all these years. I noted to her that the SSA sent me for a mental health exam with there Psychiatrist. In which his record indicates that all my mental Health Issues were Caused by my Military service.
        I then noted that That the Veterans Administration put me Service Connected Disabled at 100% SC, P&T, IU, SMC k.
        The VA went back too 2009 because, that when I applied. But connected to 1988. She, asked me If I got Food stamps, welfare, Ect. Which I Do Not.. She asked where I meet my wife, and how many kids I have and there age.
        Then she asked me what I do during a days time. Which Isn’t too much…
        Then she was ready to Question the VE.. She asked the Hypothetical Question. Could a person do the work I use to do. She said yes, and Named 3 Jobs. Which In Turn I’m IU through the VA and was on SSI prior to that and can’t work let alone being next to people. Anyways, Then the Judge told the VE seeing the Disabilities Randy has would he be able to do any of the three jobs. ALJ named them off one at a time. VE Answer was, NO, NO, NO…. The the ALJ asked so Randy could Not do any work at all then? The VE Stated NO! ALJ, asked me do you want to cross examine. I said No your Honor. She stated closing remarks. I noted everything I had said above and added how hard it had been on myself wife kids, family, etc. I thanked Her, The VE, and Recorder. Then I was Excused. No Bench Decision..
        The ALJ always brought up 1994 and 1996 with Doctors noting My MH Issues trouble keeping jobs, Depression, Anxiety etc… So, my Hearing was Oct 27th. Last Thursday at 11 am… I called ODAR this morning. Because, I wanted to Know where my case was Expedited as Critical because, Im a Disabled Veteran 100% P&T, IU, SMC k Service Connect. Too see if the ALJ was Expediting her decision or If It was going to be the regular route.
        The receptionist asked me all the security questions. Then she put me on a brief hold. She came back and asked my SS#, Address, town, Phone number,…. She stated the the ALJ Already Made her Decision and It was at the writers and It was going to the Top of the Pile. I said ok . Then I asked how did she decide? She stated I can’t tell you Award, Denial, or Indifferent… I said thank you for your time, Have a nice day.
        So, I want to know Kay what do you think about the ALJ making such a fast Decision?, Good (Favorable), Or Bad (Denied) ??? Also, what and the Heck Is the Indifferent suppose to mean?? Thanks again, Randy

        • Randy Violette

          Kay I forgot too add.. That when the ALJ questioned the VE. After the VE named the three jobs. The ALJ said with Randys record Of his Illnesses Not showing up for work, Depression, etc . Most people work 20 days a months If Randy missed 6 to * day a month would he be able to work? NO< NO< NO< and NO! Thats how she asked the VE that question.. Thanks again, Randy

        • Kay Derochie

          Dear Randy,

          I think that the person you spoke to was just using a figure of speech to say that she is not allowed to give you the decision verbally. How quickly a decision is made is not an indicator of the decision; however, it sounds as if there is a possibility of your being approved prior to 1998 while you were still insured. It is very unusual to be able to prove that disability began nearly twenty years earlier, so if you are approved it will be fortunate indeed.

          Sincerely,
          Kay

          • Randy

            Hi Kay,

            I called ODAR this Morning.
            It’s In Editing.. I’ll Keep you Posted..
            Thanks Again : )

            • Kay Derochie

              You are welcome, Randy.

              • Randy

                Kay,
                I Lost my appeal Hearing with the ALJ. I’m not going to the appeal council. Too stressful for me.. Thanks for all the Info though greatly appreciated. Thank You Randy

                • Kay Derochie

                  You are welcome, Randy.

  • Linda Valentin

    how long does an appeal council take ( social security ) I did appeal on August 1 2016. How long will I be waiting for a reply?

    • Kay Derochie

      Dear Linda,

      An Appeals Council review can take from one to two years.

      Sincerely,
      Kay

  • Sharon

    Hi Kay
    I have a question i am working part time hours sometimes i do go over the 1130 a month due to my rent is 925 a month will i be penalized for this i am in the process of waiting for my hearing

    Thank you Sharon

    • Kay Derochie

      Dear Sharon,

      To be eligible for either Social Security or Supplemental Security Income disability, you must be unable to perform Substantial Gainful Activity (SGA) for a period of twelve months. If your work activity demonstrates you can perform SGA, your work activity may result in a denial or a partially favorable decision. On the other hand if you had been off work for twelve months before you started to work, the work activity may be assigned to a Trial Work Period (TWP) during which full benefits are payable. Or, if you are well under the SGA benchmark of $1,130 some months, you might be able to assert that you sustained work activity is less than SGA on an average.

      If you have an attorney, discuss you work activity with the attorney to get his advice and when and how to communicate your work earnings to the judge. If you do not have an attorney, I recommend taking your pay stubs to the hearing with you because you do need to let the judge know about your work activity. If you do not and are approved, when the work comes to light later it may cause your favorable decision to be reopened for review.

      Sincerely,
      Kay

      Sincerely,
      Kay

      • Sharon

        Kay
        Yes i have not worked since 2014 but due to how long it takes to get my disability started i had to take on a part time job to make sure my rent is paid and yes i do go over the 1130 i have to pay rent and lights and also cab fare to get to work …Yes i do have a lawyer I will also talk to him about this I do work in pain everyday because I have no choice I Have been diagnosed with severe spinal stenosis and I am in pain everyday is there a way to speed up my hearing? I also have a rotator cuff tear that before this year is out i need surgery I dont know what I am going to do I have no family to help and I am afraid I will be out on the streets if I cannot afford to pay my rent I am 51 years old I will be 52 when my hearing date is due to come in the year 2017

        Thank you

        • Kay Derochie

          Dear Sharon,

          It is important that you give your attorney all the information about your work–date you started and copies of pay stubs would be best.

          Sincerely,
          Kay

          • Sharon

            Kay
            Thank you for your advice I did talk to my attorney and i was informed long as i am not going over for three consecutive months i will be okay thank you for your advice it was very helpful as always

            • Kay Derochie

              You are welcome, Sharon.

  • Patty

    Kay, first thank you for all you do on this site. Here’s our situation:

    Husband is 56 years old
    Applied in 2014, denied, reapplied with attorney Nov 2015…goes back to 2011.
    Severe arthritis throughout his back, 3 large bone spurs in lower spine, depression, sleep apnea, obesity. He is unable to walk or stand more than 5 minutes without severe pain, even with pain meds and spinal injections.
    Recent (Feb 2016) diagnosis of psoriatic arthritis and bone tumor on lower lumbar spine. 3 different medications have yet to reduce the inflammation levels in his blood and the next med will likely be Humira.
    He was a heavy equipment mechanic for over 25 years before retiring and then worked as a parts manager for 5 years until he was unable to continue standing and lifting.
    Finally, the caseworker at Social Security received his most recent records with the psoriatic arthritis and bone tumor dx yesterday. She told us yesterday that she had sent his file to their physician for review.
    I’ve looked at the grid, based on his previous work experience, age and high school education; do you think it may be likely for a favorable decision?

    • Kay Derochie

      Dear Patty,

      I think there is a good chance that your husband’s claim will be approved.

      Sincerely,
      Kay

      • Patty

        Thank you for your comments, Kay. I really appreciate it. It’s been a difficult couple of years as I’ve watched an active man who could walk 5 miles a day go to one who can’t stand long enough to prepare a simple meal. I am so tired of family members who think he is “snowing” me. First and foremost I want him to get some relief from the pain and I’d like to have the income replacement before we lose anything else.

        Sorry for the long comment, I truly thank you for your time. Patty

        • Kay Derochie

          You are welcome, Patty.

          • Patty

            Hi Kay, again, thank you so much for taking the time to answer questions.

            We spoke with the SS examiner today for a 1 week follow up after she had sent my husband’s file to their physician for review. She stated that the doctor had reviewed the file but sent it back with an internal question. Any idea what that might mean? The case worker has been incredibly helpful throughout this appeal and her comments yesterday were, “don’t worry, I haven’t forgotten about you and I am actively working on your case.” She sounded very positive to us. Just curious if you might have any insight. Thank you again.

            • Kay Derochie

              Dear Patty,

              I can’t say whether or claim will be approved, but I would say that you are close to getting a decision. After the question is answered internally, i.e., by a DDS employee, the claim will likely be returned to the doctor to complete his or her review.

              Sincerely,
              Kay

    • Nita

      Hello, my name is Nita I applied for ssdi and am at the third level I was denied October 2014 and I appeal it my condition has gotten worse I was diognosed with sever fibromyalgia, chronic pain syndrome and Rheumtoriod Arthristis. I went to my hearing and the judge nor vocational expert said that I could do my old job but the judge stated that I could do my old job on a letter when he diened me. What do you think my chances of winning my appeal at the appeal council

      • Kay Derochie

        Dear Nita,

        You may have grounds for an appeal; however, if you do not already have an attorney, I suggest that you hire an experienced Social Security attorney to write up the appeal because there are specific guidelines for an Appeals Council review.

        Sincerely,
        Kay

  • HUMBLE D

    HELLO KAY
    MY QUESTION TO YOU IS TODAY I CALLED THE ODAR OFFICE IN THE BRONX NY HANDLING MY CASE ASKING THEM AM I ANY WHERE RECEIVING A HEARING DATE CAUSE IVE BEEN WAITING FOR 21 MONTHS AND I WAS TOLD PREVIOUSLY THAT AT THE 17TH MONTH I SHOULD OF HAD A HEARING DATE SO ANYWAY THE REPRESENTATIVE AT THE ODAR OFFICE TOLD ME MY CASE WAS REVIEWED (PREHEARING) AND IM JUST WAITING TO GET A LETTER THAT IS ALL. CAN YOU TELL ME IF YOU HEARD OF THIS BEFORE AND IF SO WHAT DOES IT MEAN?
    THANK YOU

    • Kay Derochie

      Dear Humble,

      It could mean that the judge is making a favorable decision without a hearing or it could just mean that a letter with a hearing date will be sent out soon.

      Sincerely,
      Kay

      • HUMBLE D

        THANK YOU KAY I APPRECIATE YOU FOR ALL THE INFORMATION YOU GIVE TO HELP OTHERS AND MYSELF!

        • Kay Derochie

          You are welcome.

  • Echo Vaughn

    Hi i recently went before the judge who sent me to see a doctor.my condition os bipolar,depression and maybe other things as well.the doctor stated once my evaluation was done that she was emailing tallahassee and hopefully id start getting benefits.is this a good thing.she said that i dont have to see her again

    • Kay Derochie

      Dear Echo,

      The doctor’s comment is indicating that the doctor thinks that her report will be sufficient for the judge to approve your claim; however, you cannot be sure of that until you actually get the judge’s decision in a written determination letter.

      Sincerely,
      Kay

  • I would like your help seeing about my backpay if you can please call me at xxx-xxx-xxxx.

    • Kay Derochie

      Dear Lynn,

      I cannot provide private consultation, only answer questions on this site. I have deleted your phone number to protect your privacy.

      Sincerely,
      Kay

  • Chelisa Tatum

    I am the payee for a representative my brother we lived together and since we moved to a new house I had to provide a rent agreement to social security. At the time this October the move happen and our rent is 1200.00 and at the time I brought in the rental agreement a redetermination was done for his ssi benefits I stated my brother was paying 415.00 monthly in rent and buying food separately at 200.00 in cost and paying like 40 in ulities, I meant to say 600.00 in rent now because of this a letter came stating his funds would be lowered in Jan.2016 by 264.00 but I could come down to appeal it with in 10 days. Also I spoke with my owner and she agreed to lower the rent to 800.00 which was lowered in November so my brother paid 415.00 for Nov. and Dec I now have a new rental lease. I didn’t know I had a certain amount of time to report this I was going through a lot.

    • Kay Derochie

      Dear Chelisa,

      You have two issues here. What the correct payment amount was before the rent was reduced and what it is after the reduction. The follow applies to both periods.

      Social Security will be looking to determine whether your brother is a member of your household or he is renting from you. (The reduction in his payment probably indicates that he is being treated as a member of your household. If you are both on the lease, you will probably be considered to be in the same household even though you buy food separately. If you are in the same household, he has to pay half of the rent and half of the utilities (not cable or phone) to receive the maximum SSI benefit. If on the other hand, he is not on the lease and is renting a room from you, he only has to pay fair market value (FMV) for the room and buy his food separately. FMV is the amount that similar rooms are going for. (Note that if he does not have food stamps and does not have savings he won’t be able to pay $415 and buy his food now that his benefits have been reduced.)

      The maximum value assigned to not paying for all of one’s own shelter and food is $264; however, the reduction can be less if you prove it is less. For example, if your brother is $50 short of paying his share or of paying FMV as a roomer, his SSI will go down two months later by $30.

      From the information that you have given, it seems likely that your brother’s SSI should have been reduced by about $165, not $264, if he is part of your household or maybe not reduced at all if he is a renter. Accordingly, you can appeal the calculations for both periods–up through October and the November-December period–if you are within sixty days of notification of the reduction. I figured this on an estimate. If your utilities were $80 total then his share was half of $1280 or $640 and he paid $455. The difference ($185) minus $20 ($165) should be the amount by which his check was reduced. Beginning in November his share was $440 (based on an $80 utility estimate) and he paid $415, so he had income of $25 in subsidized shelter of which $5 would be countable.

      An added complexity is that your landlady lowered the rent and Social Security may consider this a rent subsidy to your brother if his name is on the lease. This might not happen if the landlady is renting other similar apartments for $800. If so, you might need a statement from her saying that she is if he is on the lease.

      Sincerely,
      Kay

  • Alexis

    Is it possible I was denied because my son started therapy and got an IEP after I signed him up

    • Kay Derochie

      Dear Alexis,

      If Social Security did not have all the information, the missing information could be the reason for denial. If the denial occurred less than sixty days ago, you can appeal and submit the therapy records and IEP.

      Sincerely,
      Kay

      • Tamika B

        Please Help me!

        I found this site helpful. My mother’s attorney has filed a brief in support of Request of Review. Stating that her case be reversed and demanded for payment. Attorney stated several errors made by the ALJ. The ALJ did not call a VE to testify to my mother’s physical, mental disabilities, also rejecting several Physicians opinions. The ALJ rejected all 3rd party evidence , stating they were “close relationships and they lack no training! I questioned this because all 3rd party’s notarized statements were based on my mother’s continued degradation of ability to function and work.  My main concern is that during a period of time before securing medical and medication attention she abused alcohol which was her way of coping, after being diagnosed Bi-polar 1 her attorney insist reporting her use of alcohol in briefings, which I feel will hurt her case. Now that my mother is receiving medical help she no longer uses alcohol. I am now managing my mother’s affairs.  At this point, how can I make sure that her case is not compromised, I have no faith in her attorney and feel that my mother cannot mentality manage this process if denied again.

        • Kay Derochie

          Dear Tamika,

          Social Security benefits are not paid for disability caused by alcohol or drug dependency so her attorney probably wanted to declare the alcohol use so that it was not just discovered in the medical records. Your mother can be approved if her mental health condition is disabling independent of her now-discontinued alcohol use.

          Sincerely,
          Kay

  • billy

    Hi Kay
    I’ve yet to have a desion yet been in reconsideration since November of 2014
    What can be the hold my attorney even stated that reconsideration don’t really be this long typically 30-90 days
    I went to a exam June 4th so I know I should hear something soon just really nervous if I get denied and I’ll have to wait for a hearing, I barely can walk for 10mins I’m morbid obese ,hypertension, afib,chf ,lymdema and I have very bad vision every eye doctor said my vision was 20/400 in my good eye bt the SSA doctors didn’t think I match the listing for blindness like I’m very limited sitting and standing like do people gots to be a vegetable to get disability I’m pretty sure its some people condition worst than mines, I think they giving me a hard time kus I’m 25 never had job and a hs level education like what can happen all this time I’m waiting may 8 file ,Oct 6 denied reconsideration November like this is so scary please just help me vent

    Thanks

    • Kay Derochie

      Dear Billy,

      Your reconsideration has been pending longer than usual; however, since you were asked to go to an exam in June, it appears that the appeal is now being actively worked and you should have a decision within a month or two.

      Sincerely,
      Kay

      • I applied for ssi for my 6yr old son on October the 10th 2014 and was denied in March 2015. since then i have been going thru the reconsideration appeal because since his denial he has been diagnosed with aspergers and adhd. he is currently taking vyvanse for adhd and risperidone for his aspergers cause he was self harming himself when he would have melt downs to the point where he has gotten stitches. the ridpersone makes him less self harm when he does have melts downs. The examiner has received all the documents from both his doctors. my case went to QR and has been with the examiner for almost two months. what could be taking so long?

        • Kay Derochie

          Dear Carrie,

          I can’t account for the delay except in very general terms that it seems that all departments of the Social Security Administration are understaffed.

          Sincerely,
          Kay

  • jo

    I’m going to the appeals council and I have to represent myself. I now have not only the physical limitations, but the mental as well. I am going to a new hearing rather quickly though 14 months later in Jan. 2016. AC should have gotten my mental evaluation. Can I be approved before the hearing?

    • Kay Derochie

      Dear Jo,

      Given that the Appeals Council has remanded your claim for a second hearing, a decision probably will not be made without a hearing. If your mental health problems came up after the first hearing decision, they may not be considered in the appeal because the Appeals Council’s review is usually limited to whether the information available at the first hearing was evaluated correctly. You can, of course, submit the evaluation and see.

      Sincerely,
      Kay

  • Alicia

    Dear Kay,
    I was denied disability in January 2014.As of August 2013 I have been disabled.I hired a attorney in February 2014 he accepted my case.I recently contacted the adjudicator to ask him what was the last medical paperwork he received from the attorney.I could not remember what was the last paperwork I mailed to the attorney.The adjudicator told me I did not have to send in any more paperwork. What does that mean?

    • Kay Derochie

      Dear Alicia,

      The adjudicator was probably indicating that a decision had been made and that you would be receiving notification before long.

      Sincerely,
      Kay

  • Colleen

    My friend recently had a review of her SSI claim, and reported a 7,000 retirement investment that apparently wasn’t reported at the time of the original claim. She has been drawing out $100/mo from that account. She gets $661/mo in Soc Sec, and $80 SSI. She has no other resources to claim. She also has an outstanding medical bill for over $21,000 from a heart attack in 2006 that she pays on every month.

    The review shows that she was not eligible from July 2012 till now, and she will no longer get the SSI. If she draws out the investment money and pays it toward her medical bill, would she still be eligible for the SSI or would there be a waiting period and would she have to reapply?

    • Kay Derochie

      Dear Colleen,

      As long as your friend doesn’t give the money away, she should be eligible the month after she has spent down to $2,000. Depending on why she didn’t report the retirement account initially, she might qualify for waiver of collection of the SSI overpayment. Otherwise, she might want to use some of the retirement account money to repay the overpayment.

      Sincerely,
      Kay

      • Colleen

        Thank you Kay!

        • Kay Derochie

          You are welcome, Colleen.

  • Lana Burtner

    Was this your last appeal? Just wondering because I have been on disability since 2004, and I am currently on my last appeal. And they said it will take 13 months before I will hear anything.

    • MRS.KAY i had got to deniel now but since them i have recevie more problemsdenied twice for depresion now i have been dianose with anxity deression learning disorder,pspd……………..high blood pressure copd .cap hypoxia.narcolepsy.got to go have more test oo and seiziers test sleep study for day and night had one for a night and wear oxygen .they say when doc i mean when i walk i get out of breath.so iam sure after this next sleep study ill be wearing oxygen all the time my gaf score was 43 my lon score was a 3 i had to go to court to just get disability mrdicade .only 45, worked for23 years.why cant they give me something i paid into now i got to wait 18 more month to c a judge i dont get it .i worked now i need there help i am going to lose everything which isnt much now ty have a good day

      • HI KAY if you get a letter from your doctor stateing you can not work do you still have to go to court for ssdi if you was denied .But now have more medical problem.i have worked many years but still in my forty not 50 yet.but if a doctor states you cant work shouldnt you beable for some kind of in come i didnt get hurt on the job got fired after 8 years saying i wasnt doing my job good enough than got another job got fired saying the same thing and ive done the same work all my life.but it takes month to see a judge than if they turn you down or denil you again thats 3 years you sit to for nothing but aged 3 more years.i know people who had 1 nervous break down 7 th educadited and got ssdi in 45 days never saw a judge and is healier than me but was 50 yrs old nothing else wrong with this person i just dont understand and never worked a day in his life

        • Kay Derochie

          Dear Miss,

          Social Security considers your doctor’s opinion but you must also have clinical or testing evidence that supports your doctor’s opinion. Many people are approved on first application. If you are denied, the first appeal is a request for reconsideration, which is another file review. If you have to appeal, be sure to be very specific about why the decision is wrong. It is usually best to get legal assistance for appeals. 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 at the time they send your back pay to you. So, it’s all very easy and risk-free.

          Sincerely,
          Kay

      • Kay Derochie

        Dear Jimmie,

        Be sure that you present proof of all the newly identified conditions prior to the hearing. Check to see if your state has any assistance for the disabled (or for families if you have children). 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 at the time they send your back pay to you. So, it’s all very easy and risk-free.

        Sincerely,
        Kay

  • Kay Derochie

    Dear Doug,

    When you get the official letter telling you the disability onset date that was established, you have sixty days to appeal the onset date. Your attorney is eligible for 25% of your back pay up through the month before your regular monthly checks begin, but none from ongoing pay. In addition you are responsible for reimbursing him or her directly for any out-of-pocket costs incurred such as medical records fees.

    As part of your appeal, you can request a copy of your claim file, which will explain why the decision was made that your disability is not supported as early as you claimed.

    Sincerely,

    Kay

    • Kay Derochie

      You are welcome, Doug.

  • Monica

    Thank you so much now just to ask another question due to I have help from my brother and on 4 different medicans and in and out of the hospital and due to my conditions have not worked in 4 years If I decide to start over due to my lawyer said to go to the federal court is not what they would do because it could take 5 years or more. Well my question is If I file a new one should my brother still have the senator involved due to it expitacted things up even when it went to the appeals and when the senator inquired it took them only 3 weeks and If not it would of took up to 18 months so I am not sure if I should still involve the senator not sure if it hurts or not because I have severe conditions and have been seeing my doctors ever 2 to 3 weeks for 4 years and my lawyer after hearing said that it was a win due to vocational expert said I could not do any of the jobs in economy because of my condition and I after hearing it should of took 3 to 5 months but the senator called and I got an decison at time in less than 2 weeks and from what I heard it pissed the judge off which was why he gave an unfavoriable decision but I think that was wrong and not sure what to do if I have to start over and it would take longer if senator did not intervine

    • Kay Derochie

      Dear Monica,

      I would not immediately involve a senator in a new claim.

      Sincerely,

      Kay

      • Monica

        Just to make sure that I understand due to I think that the senator may of been a mistake due to at hearing I should of won due to the vocational expert said I could not do any of my jobs and then the senator called and after the hearing when he called I got a decison in less than 2 weeks and the judge denied it so I am thinking it was because of it and someone else said that was why due to sentor intevieved but now since this is a new claim and I have been hospitalized in and out I just cannot keep baring to wait but I guess I have no choice. It seems like that since i have started over it will take years instead of months when the senator was involved do you know when I should involve him it it takes a long time? and do you think it may of hurt my case? because when the senator interviened when it was sent to the appeals in falls church va they refused to review and still stand by the judge due to they said he felt I could still work even though vocational expert said I could not this is a mess

        • Kay Derochie

          Dear Monica,

          To be approved, the judge has to consider the vocational expert’s opinion, but he must also believe that the evidence shows that you have the limitations you claim. If the judge did not think the evidence supported your limitations, the VE’s testimony would not be material.

          It is possible that the judge took the senator’s involvement as an affront and didn’t make a fair decision. It is also possible that that did not occur. It is possible that the senator’s making an inquiry caused the judge to become aware that the decision had slipped through the cracks and was overdue and that he made the decision he would have anyway. There is no way to know, just as there is no way to know whether getting a senator involved with your new claim will be helpful or unhelpful.

          Sincerely,

          Kay

          • Monica

            again I do thank you so much this site is very helpful

            • Kay Derochie

              You are very welcome, Monica.

  • Monica

    I am just trying to find out if I have lost at the appeals council review and even though my lawyers felt I had a strong case and the vocational expert at the hearing even said I could not hold a job due to my conditions but judge still denied then I just got letter back from the appeals council denying my request for review so I am trying to see If I should start over or file a civil suit and due to not having no money how can I pay for a lawyer? I have not spoke with my lawyer yet due to office is closed I hope someone can please help me or can I get another lawyer to represent me or is it too late

    • Kay Derochie

      Dear Monica,

      You need legal advice on whether it would be better to file in District Court or file a new claim.(You must file within the appeals period listed in the Appeals Council’s unfavorable letter. If the appeals period has expired, your only option is to file a new claim.) You can continue with your present attorney or see if another will take your case.

      Sincerely,

      Kay

  • Gary trusty

    I got denied three times for ssi or ssdi what can I do

    • Kay Derochie

      Dear Gary,

      Assuming that your denials were initial claim, reconsideration, and hearing, you can request review by the Appeals Council.Your local office can tell you what to submit, but the appeal has to be sent directly to
      Appeals Council
      SSA/ODAR
      5107LeesburgPike
      Falls Church, VA 22041-3255

      You will have to explain exactly what the judge did wrong in the way he held your hearing and reviewed your appeal. Accordingly, if you do not already have an attorney, it would be a good idea to engage one. 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 at the time they send your back pay to you. So, it’s all very easy and risk-free.

      Sincerely,

      Kay

    • veronica vega

      Hi Kay,
      I have a problem. I have been denied being my children’s payee I have applied various times and the other day they told me that I would never be their payee ever! I do not understand I have no felonies, income on my own. My husband applied to be the payee and he was denied because the said “Conflict of interest” . I know my ex has been in the office talking bad about me , but it seems like they are listening to his gossip, and making my life a living hell. The social security workers dislike me and I feel they have discriminated against me , my children and husband. I have one son born mentally retarded and Cerebral Palsy another bain injury. I have problems with the current payee who is not a family member but an organization who fails to turn paperwork on our behalf and didn’t tell me there was a reevaluation paperwork needed. SSI told me they sent the payee notices few months back and now caused my children checks to be on hold and they currently have no benifits for June 2015. I would like to know if I can appeal the decission and look at my children’s file why I cannot be the payee, because one day a new girl at SSI said I see in the file no reason for you not to be Payee she said you should apply. I really think it’s the ladies that do not like me because maybe they know my ex or something. I need your help on how to approach this . Thank you and God Bless

      • Kay Derochie

        Dear Veronica,

        I replied to your previous post on the same subject, but will add that who is selected as payee cannot be appealed. You can reapply. Also, I would think that you have right to know why you are being denied so that you can address the reason.

        Sincerely,
        Kay

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