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SS Disability deliberate delay

Lindenhurst, NY |

THE SSA has been making me wait for my disability benefits for 8 years now. The reasons that I applied is MS, cysts in the body in the organs where that could mean cancer and those cysts can press against other organs.I also have hyperthyroidism and heart disease. These are all causes for disability. Saw the administrative judge in 2012 gave me SSI but I do have enough credits for disability it's stated in my record in 2006. I feel the judge was negligent in my case there was no good reason to give me SSI when I was insured. I sent it to the appeals council. What do you suggest that I do? The SSA refuses to correct their negligence in my case. They just ignore my complaints.

Attorney Answers 4

  1. You had a right to appeal the SSA denial. If you did not, then SSa will continue to ignore your complaints.

    The information you obtain from this website is not legal advice.

  2. Social security would rather give you OASDI payments instead of SSI based on budgets and funding streams. They are required to look at that first instead of a needs based income. You state you did not have the credits. The lack of credits prevented you from qualifying. Not sure why you would complain. Unless they calculated your credits wrong that does nit sound like you appealed, you get what you are supposed to.

    This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

  3. You need to prove in your AC appeal (which you say you filed, right) that there was so much good evidence of being unable to work at any job way back when you were insured, that the AC is compelled to reverse it. Thus, look at the evidence the ALJ had, and find out what exists, but either never made it into his hands (did you fail to send him something?) or he ignored, that was MATERIAL to your disability. Study up on all of the rules an ALJ must follow, and determine from his hearing transcript and the Exhibits and his decision, which rules he did not follow - those that would have changed his answer had he followed them. Apparently, the SSA and the judge found that there was insufficient evidence of inability to work substantially until much later in time, when you were no longer insured. You need to prove that is not true, in a manner that the law says the AC can consider. You can't just say, the ALJ was wrong or negligent - you need to show how, why, where and what law agrees with you. If you lose at AC, consider getting a good federal court appeals attorney (in the SSD area of experience) to take it to federal court, or at least see if you have any issues you can appeal under with a likelihood of success.

  4. I am sorry you got stuck with ssi only, but you need to call an attorney to make sure you can appeal within deadlines which apply or you won't be able to bring the issue up at all. My opinion is you may not be able to prove a mistake was made since you were last insured in 2006, but you should call anyway.

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