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Author Topic: Coach745 - Update  (Read 5640 times)

coach745

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Coach745 - Update
« on: November 10, 2020, 07:55:43 am »
My wife has the opposite problem.  The wife's CE examiner said she didn't feel my wife could work.  Her counselor an LPC filled out an RFC.  We never told her psychiatrist and pain doctor we were even applying.  The psychiatrist just jots down my wife's complaints about panic attacks, hallucinations, and not sleeping then adjusts medication.  The alj said it wasn't anywhere in his notes of being as severe as the ce examiner and the counselor.  We have talked to him now and he is willing to fill out an RFC.  Whenever it's a personal issue the psychiatrist always says talk to the LPC about it.  I'm hoping we can get another remand.   
Wife Age at application: 39 yrs
disabilities: bipolar, anxiety, depression, lumber spinal stenosis
Application Date: 12/17
Denial:7/18
Appeal for ALJ: 8/18
Hearing: 2/19
Denial: 5/19
Appeals Council: 5/19
Remand: 2/20
2nd hearing: 7/20
Denial 9/20
AC denial 1/21
Filed 2nd claim
Fed court 2/21

Lockdown2020

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Re: Coach745 - Update
« Reply #1 on: November 10, 2020, 08:10:17 am »
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« Last Edit: January 12, 2021, 10:16:40 pm by Lockdown2020 »

coach745

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Re: Coach745 - Update
« Reply #2 on: November 10, 2020, 08:59:11 am »
The lawyer isn't submitting the new RFC.  He is submitting the updated adult function report and my 3rd party form.  The paralegal did not submit them before the hearing.  I emailed them to her a month before the hearing.  I have the emails and the dates.  I will wait until I read the AC brief to see if the lawyer admits dropping the ball on that.
Wife Age at application: 39 yrs
disabilities: bipolar, anxiety, depression, lumber spinal stenosis
Application Date: 12/17
Denial:7/18
Appeal for ALJ: 8/18
Hearing: 2/19
Denial: 5/19
Appeals Council: 5/19
Remand: 2/20
2nd hearing: 7/20
Denial 9/20
AC denial 1/21
Filed 2nd claim
Fed court 2/21

Lockdown2020

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Re: Coach745 - Update
« Reply #3 on: November 10, 2020, 09:19:51 am »
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« Last Edit: January 12, 2021, 10:16:55 pm by Lockdown2020 »

coach745

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Re: Coach745 - Update
« Reply #4 on: November 10, 2020, 09:39:03 am »
The claimant updates the records with a lawyer?  Not what this rule says. SSR 17-4P  We are hoping we have enough to get it appealed without those 2 forms though.

https://www.ssa.gov/OP_Home/rulings/PDF/2017-21252.pdf
« Last Edit: November 10, 2020, 10:21:40 am by coach745 »
Wife Age at application: 39 yrs
disabilities: bipolar, anxiety, depression, lumber spinal stenosis
Application Date: 12/17
Denial:7/18
Appeal for ALJ: 8/18
Hearing: 2/19
Denial: 5/19
Appeals Council: 5/19
Remand: 2/20
2nd hearing: 7/20
Denial 9/20
AC denial 1/21
Filed 2nd claim
Fed court 2/21

Lockdown2020

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Re: Coach745 - Update
« Reply #5 on: November 10, 2020, 10:46:20 am »
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« Last Edit: January 12, 2021, 10:17:46 pm by Lockdown2020 »

coach745

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Coach745 - Update
« Reply #6 on: November 10, 2020, 12:05:38 pm »
If you submit additional evidence that does not relate to the period on or before the date of the administrative law judge hearing decision as required in paragraph (a)(5) of this section, or the Appeals Council does not find you had good cause for missing the deadline to submit the evidence in § 404.935, the Appeals Council will send you a notice that explains why it did not accept the additional evidence and advises you of your right to file a new application. The notice will also advise you that if you file a new application within 6 months after the date of the Appeals Council's notice, your request for review will constitute a written statement indicating an intent to claim benefits under § 404.630. If you file a new application within 6 months of the Appeals Council's notice, we will use the date you requested Appeals Council review as the filing date for your new application.

Now they might not take a look at it because everyone could say they submitted something before the hearing but I have emails and really believed it was being added to the record.  If it's the claimant's responsibility to submit evidence what are we paying the lawyer for?
Wife Age at application: 39 yrs
disabilities: bipolar, anxiety, depression, lumber spinal stenosis
Application Date: 12/17
Denial:7/18
Appeal for ALJ: 8/18
Hearing: 2/19
Denial: 5/19
Appeals Council: 5/19
Remand: 2/20
2nd hearing: 7/20
Denial 9/20
AC denial 1/21
Filed 2nd claim
Fed court 2/21

Lockdown2020

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Re: Coach745 - Update
« Reply #7 on: November 10, 2020, 12:25:32 pm »
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« Last Edit: January 12, 2021, 10:18:08 pm by Lockdown2020 »

coach745

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Re: Coach745 - Update
« Reply #8 on: November 10, 2020, 12:38:13 pm »
Ok. Thanks.  Lockdown2020
Wife Age at application: 39 yrs
disabilities: bipolar, anxiety, depression, lumber spinal stenosis
Application Date: 12/17
Denial:7/18
Appeal for ALJ: 8/18
Hearing: 2/19
Denial: 5/19
Appeals Council: 5/19
Remand: 2/20
2nd hearing: 7/20
Denial 9/20
AC denial 1/21
Filed 2nd claim
Fed court 2/21

Just Me

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Re: Coach745 - Update
« Reply #9 on: November 10, 2020, 04:44:17 pm »
Did the LPC fill out a RFC?  The psychiatrist has to go by the medical records he submits to fill out the RFC. Your attorney admitting he dropped the ball does not matter.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.

coach745

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Re: Coach745 - Update
« Reply #10 on: November 10, 2020, 06:57:01 pm »
The LPC filled out the RFC. The psychiatrist notes really don’t say anything. Just what my wife is telling him. He doesn’t offer any opinions on the panic attacks, hallucinations, or the not sleeping. He just adjusts the medication. He says talk to the LPC(he knows her) the CE examiner had the records from her hospitalization. The alj mentioned she hasn’t been hospitalized in 2 years so she must be fine.
« Last Edit: November 10, 2020, 07:00:17 pm by coach745 »
Wife Age at application: 39 yrs
disabilities: bipolar, anxiety, depression, lumber spinal stenosis
Application Date: 12/17
Denial:7/18
Appeal for ALJ: 8/18
Hearing: 2/19
Denial: 5/19
Appeals Council: 5/19
Remand: 2/20
2nd hearing: 7/20
Denial 9/20
AC denial 1/21
Filed 2nd claim
Fed court 2/21

coach745

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Re: Coach745 - Update
« Reply #11 on: November 10, 2020, 07:13:15 pm »
This is a repost from an older post. I think she has enough in the medical records. The notes from both her psychiatrists are handwritten but I think it’s enough in their notes to support her claim. I’m ready to read their ac brief. I told them where I though we could get an appeal but they are the experts.


This is from her SSA mental CE
Ms. ***** observes Ms. ***** to have several
mood changes during the interview and to report a history of child sexual
abuse and unpredictable behavior with hallucinations of past abuse and
mood swings. Ms. **** is “not in any way felt to be stable enough to
work at this time” noting that she “seemed to be bordering on psychotic much of the time” and may be a danger to herself or others in a work situation due to rapid cycling of moods,
delusional thinking, and flashbacks. Ms. ***** records indicate a severe
limitation in interacting with others. Ms. ***** describes becoming violent
and hitting coworkers, difficulty trusting others, and being estranged from
family members.

This is from her hospitalization
Ms. ***** was found not to
be oriented to date, place or situation and to have blunt affect and
inappropriate judgement. Ms. ***** disability level is noted to be severe
and she presented for admission with complaints of increased mania,
depression, anxiety. 

From the counselor
Ms. *** opines that Ms.
**** has marked limitations in her ability to perform activities of daily
living, maintain social functioning, respond appropriately to supervision or
customary work pressures, and in performing simple or repetitive tasks. Id.
Ms. *** opines that Ms. ***** has severe limitations in her ability to:
understand, carry-out or remember instructions; maintain concentration,
persistence, and pace; respond appropriately to coworkers, or perform
complex or detailed tasks. She opines that Ms. ***** would miss work and require breaks in
excess of that allowed in competitive employment.



This is a little bit from my wife's brief.  I took out the court cases they cited but basically I agree.  The alj had to work way harder to deny her than approve her claim if you have to find a way to make both arguments. It's over 20 more quotes like those above in her medical records.


ALJ is also not to pick and choose among the evidence. In dismissing the
medical evidence throughout the record which directly supports Ms. *****
complaints and medical opinion evidence, the ALJ has not properly
considered the subjective complaints and medical evidence.
“Social Security proceedings are inquisitorial rather than adversarial” and
that the ALJ has the duty “to investigate the facts and develop the
arguments both for and against granting benefits.”
Wife Age at application: 39 yrs
disabilities: bipolar, anxiety, depression, lumber spinal stenosis
Application Date: 12/17
Denial:7/18
Appeal for ALJ: 8/18
Hearing: 2/19
Denial: 5/19
Appeals Council: 5/19
Remand: 2/20
2nd hearing: 7/20
Denial 9/20
AC denial 1/21
Filed 2nd claim
Fed court 2/21

Lockdown2020

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Re: Coach745 - Update
« Reply #12 on: November 10, 2020, 08:34:55 pm »
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« Last Edit: January 12, 2021, 10:18:33 pm by Lockdown2020 »

WiltingRose

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Re: Coach745 - Update
« Reply #13 on: November 10, 2020, 09:02:29 pm »
I just had my remanded hearing in Sept. and I was allowed to submit 2 documents from different doctors that I had seen before my first hearing.  Like you, I gave the info to my lawyer who, for whatever reason, did not submit them.  In my AC brief I just stated they were sent to my lawyer and they somehow forgot to submit them.  The AC allowed them to be in my remanded hearing, as I showed just cause and the dates reflected my plea. Hope this helps.  Will send out some prayers for a remand for her <3
Nerve compression at L5, S1, Cervical Fusion at 4,5,6,7. Fibromyalgia, Diabetes, Severe Neuropathy in both legs, Severe Depression, Carpal Tunnel, Migraines, Sleep Apnea, Restless leg syndrome, Kidney Disease, Tendonitis, BPPV, Occipital Neuralgia, Raynaud's, Hypothyroidism, Mild hearing loss-both.

newdawn

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Re: Coach745 - Update
« Reply #14 on: November 10, 2020, 10:03:34 pm »
I just had my remanded hearing in Sept. and I was allowed to submit 2 documents from different doctors that I had seen before my first hearing.  Like you, I gave the info to my lawyer who, for whatever reason, did not submit them.  In my AC brief I just stated they were sent to my lawyer and they somehow forgot to submit them.  The AC allowed them to be in my remanded hearing, as I showed just cause and the dates reflected my plea. Hope this helps.  Will send out some prayers for a remand for her <3

Thanks WiltingRose for sharing your experience! I thought we had had some members in the past that were able to previously left out medical records accepted.
Location: IL
Age at Application: 31
Disability: Depression, anxiety
Applied: 11/2013
First Denial: 03/2014
Reconsideration Denial: 11/2014
Hearing: 11/13/15 (Friday the 13th!)
ALJ Approval: 01/15/16 Fully Favorable
Back Pay: 02/13/16
Award Letter: 02/17/16
1st monthly benefit: 03/21/16