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SAD Social Security Disability ( adult ) denial by ADJ and Review Council . How to request claim reopened ?

Rock Hill, SC |

I was denied Disability and was represented by a law firm . My attorney was dumbfounded as to the reasoning behind the denial . Their were SEVERAL errors of law . Diagnosed with Liver disease , chronic active Hep B , enlarged spleen , Thrombotic , chronic U Ti's , gal stones / kidney stones . Manic depressive Bi polar , BOD , Agoraphobia , panic attacks . CT scans revealed liver disease , enlarged spleen , portal hypertension . ( 1 ) problem : adj judge stated no CT scans diagnosed enlarged spleen thus claimants statement contradictory ? he had the CT scan ! Never the less , we appealed to review council , they refused to review it . Attorney cut me loose being he hasn't experience on the federal level . Ive researched possibilities requesting to claim be reopened but have NO CLUE how or who to send re too ?

Additionally: SSA sent me to see their medical doctor and physchologist whom all agreed I would have trouble in a work environment and were in favor for me. However, the judge stated he couldnt give weight to no providers oppinions because I had not seen or been treated by a specialist. I have no job, no money, no insurance. my agoraphobia keeps me inside, depression. Mental health stated with no insurance, I couldnt see a one on one councelor i would have to take group therapy. Out of the quest being I do not like being around groups. SSA and ALJ failed to go by SSR 82-59: TITLES II AND XVI: FAILURE TO FOLLOW PRESCRIBED TREATMENT

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Attorney answers 3

Posted

First, your attorney should have explained to you that you have 60 days to file an appeal into federal district court. if you have the time, you should do that now. More info on where to contact an attorney is below.

Second, reopening is a totally discretionary deision by SSA, And, in cases where a new claim is filed and a request for reopening is made with the time frames that seem to have occurred in your claim, SSA requires proof of good cause for reopening. Since you had an attorney at the hearing and filed an appeal to the Appeals Council, I doubt any ALJ will reopen the old claim. So, if you are still eleigible to file a new claim, that claim should protect you from the day after the date of the previous ALJ decision. And, unfortunately, a decision not to reopen an old claim cannot be appealed into federal court.

As for finding an attorney, you may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact your local legal aid office if you cannot afford an attorney.

You may also contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org. NOSSCR has a number of attorneys who are willing to handle appeals of cases from other lawyers. Talk to your lawyer for a referral too.

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/

Hope this all helps. Best of luck to you.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

Asker

Posted

Thanks for the info. Im also going to contact the state representative (senator). I want to appeal to district, but attorney I have contacted will not take it. no reason just other than, "sorry, not interested". I guess it's one of those "not wanting to take left over claims that didnt win earlier" type things. My issue is: why the appeals council refused to review it. their were CLEAR and OBVIOUS errors that were noted and should have been dealt with. Totally not fair to the people ( myself) who need disability for them to just slide my file across the desk into a trash bin without any consideration. They make rules and yet, do not follow them. Unreal!

Clifford Michael Farrell

Clifford Michael Farrell

Posted

The decision you describe from the Appeals Council is pretty normal. They accept an appeal for only about 25% of all cases in the US. So, their decision is not a surprise. NOSSCR has a list of attorneys who will look at and possible pursue court appeals, if you have time. Best of luck to you.

Asker

Posted

Thanks Mr. Farrell for the info..please trust me, i have tried to find another attorney and did contact NOSSCR a week ago. they sent me the name of a referal to which, he was the one who responded simply, "not interested in your case" ( before he even was sent the info to review)..2. Questions: "if" i were to go 1 of 2 routes , either requesting to reopen with new facts and error of laws applied Or go the route of pro se in filing a civil action in district court before a federal judge, in your professional opinion, which do you find to be the better route? 2nd question: Would it be to much to ask if i could send you my document listing the errors, case laws, issues for review. It is rather lengthy but more in depth to my current problems. I would honestly love someones unbias opinion on the merits.

Posted

There are very specific time limitations with regard to pursuing an appeal of an unfavorable SS decision. I would consult with another SS attorney as soon as possible. Many attorneys in the Jacksonville, Florida area who handle SS claims have little desire to handle a case at the Federal Court level. Best of luck to you.

This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.

Asker

Posted

Whis is Sad. Especially when a claimant has 100% proof their were errors of law and a ALJ judge states something was not in the file which claimant states "was" in the file and goes to discredit the claimant, when in fact it was the judge who erred. I understand the disability process is like going to vegas playing your hands and with each appeal, it gets less likely to win, thus an attorney, will of course, only take a case he knows he can "bank" on. In the end, no matter the law offices commercials, radio advertisements, Online ads, stating, "when you have been wronged, we fight for your right" when all is said and done, it's not about the clients rights, its about a piece of green paper with the portrait of a dead president!..I remember growing up, law firms commercials came on, "if you have been injured____________", my father always referred to them as "ambulance chasers"..With my prior experiences, Im REALY starting to be an advocate for Pro Se representation which I have on a couple of FDCPA/collection agency issues and was successful. If others will not fight for your rights you KNOW have been wronged, and others will not help you simply because of money, fight for it yourself, then go back and baulk at the ones who refused you and told you , YOU HAVE NO CHANCE..and of course post my experiences and advise from myself on my personal blogs and tweets.

Posted

You have been denied by an ALJ and that decision was affirmed by the Appeal Council. This means you have 60 days from the date of receipt to file in a US District Court. Of course, if your attorney thought it was such an "easy win" he/she would have filed in US District Court. Despite your multiple problems the ALJ did not find the medical evidence convincing. It is going to be very difficult to get a new lawyer at this stage. Perhaps your best bet is to get some treatment and file a new claim based on new evidence. Next time hire a lawyer who can fight your case all the way.

This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.

Asker

Posted

Perhaps you as well are missing my point without knowing the facts. As i stated there were do doubt legal areas. The judge for (1) example called me a liar in stating i did not provide ct scans when in fact there were. If we as citizens are to follow laws, no judge has an exception. As well the judge failed to reference all medical diagnosis. Sure for you and everyone else its easy to tell someone to give up and throw in towel and start over. I guess my convictions are stronger than most when it comes to making sure EVERYONE follows the laws. If an attorney is going to let money dictate what point he gives up, thats him/her, when it comes to me fighting for my rights when laws have not been followed, ill make sure the courts hear my story.

Gerald Gregory Lutkenhaus

Gerald Gregory Lutkenhaus

Posted

The ALJ denied the case. The Appeals Council Judge found no error in the ALJ's decision. Unless these judges made serious errors the US District Court Judge will not reverse those judges. Unfortunately, most SS lawyers will not handle US District Court appeals if the record (which was most likely not good enough) was made by someone else. Nonetheless, you can check here on AVVO or with NOSSCR to try to find a lawyer in your state who will review your case.

Asker

Posted

Considering the review council refused to "review"the decision hardly tells me they did or did not find any errors. The attorney pointed out bonefide error 100% relevent yet refused to review it thus turning a blind eye to the law. Im very much willing to proceed pro se and shall. Ive researched exceptional case law example

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