What are my chances of wining my disability case, when my ALJ had me attend two CE exams? Both Mental and Physical

Asked almost 2 years ago - Monroe, LA

I have fibromyalgia, anxiety disorder, diabetes,ptsd,osteo arthritis and sleep apnea. Are ny of these a sure in for disability???

Attorney answers (3)

  1. Judy Greenbaum Croy

    Contributor Level 12


    Lawyers agree

    Answered . There is no way to predict whether you will receive benefits based on the conditions that you have described. When an ALJ sends you for exams after your hearing it most likely means that your medical records did not contain enough evidence for him or her to feel comfortable deciding the case. The good news is that if the ALJ did not feel that there was something there he or she would have just denied your case with the additional exams. At this point the decision depends on what those CE Examiners say about your conditions and ability to work. Good luck with your case.

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  2. Clifford Michael Farrell

    Contributor Level 19


    Lawyers agree

    Answered . I agree. There is no way to predict. I have seen ALJ's get reports back and pay claims with weak evidence, and I have seen ALJs get reports back and deny claims with strong evidence. There is no such thing as a "sure thing" for disability.

    If you do not have an attorney, you may want to talk to an attorney in your area so you can review the specific facts with counsel. You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.

    The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.

    In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.

    Their link is: http://www.nblsc.us/

    You may also contact NADR (National Association of Disability Representatives) www.nadr.org – automated Telephone Referral System at 1-800-747-6131

    I hope this information helps. Good luck to you!
    Please remember to designate a best answer to your question

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  3. Gerald Gregory Lutkenhaus

    Contributor Level 18


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . I agree with the others. Either CE could win your case for you. On the other hand SS CE's tend to be conservative. Fibromyalgia is not a sure thing since it is a nondiagnosis. Anxiety can be alleviated by medicine and treatment as can PTSD. Diabetes can be controlled with proper medication. Osteoarthritis can be disabling depending on the severity. Sleep apnea by itself will seldom be enough for disability. Perhaps the combination of the impairments could be disabling. Also important are your age, past work history, skills, and education.

    This response is meant to be information only and should not be considered to be legal advice. This information is... more

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