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SSI Denial

enigmaticloner
enigmaticloner

Hey everyone, here I am with some disappointing news. Back in November I finally was able to see a judge about my SSI case, my lawyer said things went pretty well and that it would take at least 8 weeks to hear back about the decision. I've finally gotten the decision today in the mail after these months of waiting and I stood there in the kitchen with my parents reading it. I'm sure they could tell how disappointed and upset I was by it as they were quick to talk to me about it. It's been a fight for years, a struggle to get help with my conditions and they've been around to know just how much I've been going through. The report was quite a few pages long, and went into detail about my various doctor appointments, exams, and conditions. Ultimately it seems the decision was that I am not "disabled enough" to quality for whatever reason. Apparently I have 60 days to appeal the decision again. I've yet to speak to my lawyer about it, but I'm just posting here to vent a little bit and to get opinions from other people who have been through the same situation. Has anyone else here been denied on multiple occasions for SSI? (Supplemental Security Income) Also what should I expect from the next appeal stage? Apparently after the reconsideration then the second appeal of seeing an ALJ the next stage is the appeals council review.


I'm just really upset, hurt, confused, and more. Is there anything else I can do to help my case?

billwfriend
billwfriend
I would indeed file an appeal.....I really do not know what the biggest obstacles are in the process but if the judge denied it then definitely take to the appeal process again there decisions are changable...
AnnNY
AnnNY
I would appeal. In the meantime, try to see doctors and get them to understand how impaired you are. I can imagine how disappointed you are after waiting so long to see the judge. I was denied at first, with no lawyer. But fortunately, after I saw the judge, I did received SSDI.
OlderCPer
OlderCPer
Contact your lawyer, file an appeal. See if he can tell you what injury or illness exactly they are focusing on that says your not "disabled" enough. That would be the Dr. you need to get more explicit reports from to send on in the Appeal.
enigmaticloner
enigmaticloner
I called my lawyer and got an appointment to go speak to him. I suppose I will file the appeal at that time. I'm curious to see what his opinion is on this. Thanks for the responses. I'm really hoping that this next appeal will go better. I'm quite tired of all of this. It's draining.
ItsJustMe2012
ItsJustMe2012
Any evidence that is to be considered ahs to be dated before or on the date the ALJ made the decision. Are you positive the ALJ had all of your current medical records from your treating doctors ?

If you are under 50, you must prove you are unable to work jobs in the national economy. Working being diffuclt it not the same as not being able to work,

Appealiing the to Appeals Council can take as long as two years to receive an answer. They can chose to review the case or not review it. If they review it, they can chose to remand the case back to the ALJ with specific instructions on where he errored in SSA Laws in making his decision. Or to agree with the ALJ's decision. When a cae is remanded, usually the claimant has anoither hearing. The Appeals Council does not tell the ALJ what decision to make.
enigmaticloner
enigmaticloner
I talked to my lawyer has week and he basically told me some things I already had read about and I told him that I do want to file the appeal request. He said he would write it and send it in, so now I'm just waiting for a response. He told me to just continue seeing my doctors for now and I'll be getting a response in the mail.

@ItsJustMe2012 Yes my lawyer has said that the records were received and yes I am under 50. My lawyer said that my age is probably the biggest thing working against me pretty much. I feel that's it's really wrong to base it on age but I guess nothing can be done about that.

@AnnNY I was very disappointed indeed, it hurts to wait this long for help and then just not receive it because I'm considered too young.
waybackjack
waybackjack
The AC will not substitute its judgment for that of the ALJ. Their review is limited by law. These are the reasons that the AC will overturn the ALJ:


There appears to be an abuse of discretion by the administrative law judge (ALJ) (see Hearings, Appeals and Litigation Law (HALLEX) manual I-3-3-2);


• There is an error of law (see HALLEX I-3-3-3);


• The action, findings, or conclusions of the ALJ are not supported by substantial evidence (see HALLEX I-3-3-4); or


• There is a broad policy or procedural issue that may affect the general public interest.

Please refer to their HALLEX with accompanying links:

https://www.ssa.gov/OP_Home/hallex/I-03/I-3-3-1.html

The AC's decision will be slow in coming. If they do uphold the ALJ, your next option is the Federal court system.
irocket
irocket
Been through it and succeeded, but it did take 2 years. You will have to show that your condition has worsened and made it even more complicated to get employment. In the meantime continue to collect copies of every test/visit you have. Go out and apply for jobs and keep track of where you've been and how often wkly/mthly. I went to my local DHS disability occupational facility for help with placement, which they could not find me employment and later I used them as vital part of my case. This big thing is I got really active on my case and it showed I was serious.

Best wishes and hang in there!
ItsJustMe2012
ItsJustMe2012
If you file a new SSI application, the soonest you would be eligible would be the month after you filed the application. Since this is not SSDI, you don't have to worry about work credits expiring.

In order for the AC to remand a case back to the ALJ, the ALJ has to have made an error in the law.
enigmaticloner
enigmaticloner
@irocket What is DHS disability?

@ItsJustMe2012 I'm not filing a new SSI applicaton, I'm continuing with my current one. If they deny me again then the next step apparently is to sue the court. If it gets to the point then I might just give up on this. It seems like the odds are really against me mainly because of my age unfortunately.
ItsJustMe2012
ItsJustMe2012
enigmaticloner, some states have cash assistance for the disabled. It is similiar to TANF for poor families with children. The few states that do have this have their own criteria for disability, It is not as strict as SSA. The amount of monthly benefits is not much. Some states it is less than $100 a month. Medciaid is also included.

Not all attorneys can practice in Federal Court. With SSI cases, usually attorneys recommend the claimant file a new application if the AC doesn't remand the case because attorneys are paid so little with SSI cases.

The reason age is a big factor is becasue before your reach 50, you can learn new skills easier.
ItsJustMe2012
ItsJustMe2012
I believe irocket is talking about State Vocational Rehabilitation Services (VR). Some states have waiting lists due to funding cuts. So it may take some time.

At this point, new evidence will be of no help to you. But, if VR decided to take you and determines your impairements are so severe they can't find work for you, you could include that if you file a new application. There are no guarantees you would be approved, but it might help.
Lauriegirl
Lauriegirl
I wish you the best of luck. I'm at the point where I usually fall when I stand. They had to accept me. Thankfully I have an appointment this afternoon. I'm going crazy. Ps I didn't get your skype request. Send me your email please.
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