jafobss--My wife experience at appeal Court

[jafobss]

Well My wife had a fully Favorable and  the AC took it and Overturnd the decission. Sent it back for new hearing. ALJ we had retired so was put  in another ALJ. New ALJ has a very LOW number of Favorables.  Went to hearing Lawyer was lacking the Hospital records also the CD with files on it. ALJ sent wife for a CE Mental.  Alj just got  that report however we and the lawyer cannot see what was said according to ODAR. Uggh!

[bigbabie55]

   I'm sorry to hear about you wife's experience with the AC . I hope and pray that despite the new ALJ's low approval rate that your wife will be approved. 

[Different Perspective]

"Alj just got  that report however we and the lawyer cannot see what was said according to ODAR"

?? ?? There is a serious misunderstanding here!  Talk to your attorney again.

Your wife and her attorney should have had a CD with a copy of all of the medical and non-medical evidence in your wife's file before the initial Hearing AND a new CD before the second Hearing.  Your wife and her  attorney would be aware of any medical evidence that was submitted after the Hearing (except the Consultative Examination) because one of them would have submitted it.   

Not having a Hearing decision picked up and overturned by the Appeals Council, I can only guess that your attorney, and maybe your wife, received the Remand Order and knows the problems the AC had with the case.  Although the remand order probably ordered a de novo Hearing (new from the beginning), it may have told the ALJ to review only specific parts of the decision.  If the ALJ ordered a CE, it may have been on his/her own initiative, or at the direction of the AC.  Either way, I cannot imagine your attorney not receiving a copy of that evidence before the second Hearing.  If the CE was ordered at the Hearing, your wife's attorney should still have been privy to the contents and been able to respond - even to the point of a supplemental Hearing to address any issues raised by the CE. 

[franco]

    

[jafobss]

"Alj just got  that report however we and the lawyer cannot see what was said according to ODAR"

?? ?? There is a serious misunderstanding here!  Talk to your attorney again.

Your wife and her attorney should have had a CD with a copy of all of the medical and non-medical evidence in your wife's file before the initial Hearing AND a new CD before the second Hearing.  Your wife and her  attorney would be aware of any medical evidence that was submitted after the Hearing (except the Consultative Examination) because one of them would have submitted it.   

Not having a Hearing decision picked up and overturned by the Appeals Council, I can only guess that your attorney, and maybe your wife, received the Remand Order and knows the problems the AC had with the case.  Although the remand order probably ordered a de novo Hearing (new from the beginning), it may have told the ALJ to review only specific parts of the decision.  If the ALJ ordered a CE, it may have been on his/her own initiative, or at the direction of the AC.  Either way, I cannot imagine your attorney not receiving a copy of that evidence before the second Hearing.  If the CE was ordered at the Hearing, your wife's attorney should still have been privy to the contents and been able to respond - even to the point of a supplemental Hearing to address any issues raised by the CE. 

 Oh they had it just didnt give it to the Guy they sent. he went in Blind. As for the CE it was done After the second Hearing  went to the ALJ. Yet Lawyers office claims they cant or are not allowd to see it. Seriously wish iWe hadnt used them. Been one FAIL after another with them.

[pas2355]

I am sorry you are going through all this but I am confused.  If you had a fully favorable why, how did your case get to the AC?

[ebonyeyes45]

 jafobss - I think he means Quality Review (QR), as they can overturn an ALJ's decision.  I read this in my approval letter.

[Different Perspective]

"... we and the lawyer cannot see what was said according to ODAR." Original post
" Oh they had it just didnt give it to the Guy they sent. he went in Blind." Reply #4

These appear to be contradictory statements.  ODAR said your wife could not see what was said?  That appears both illogical and illegal.  Who is the "they" who didn't give the records to the guy "they" sent in?  If your wife and her counsel went to the Hearing "lacking the hospital records and also the CD with files on it" that is the fault of counsel, and ultimately, your wife - not SSA. 

It is unusual that an ALJ Hearing decision is reviewed, but it can and does happen.  The SSA disability program is a VERY legal oriented program with specific procedures for every action taken.  To not follow procedures opens the SSA to legal action.  Likewise, an applicant, acting on his/her own, or through council, who does not follow the procedures will find him/herself out in the cold without a coat or a key to the door. 

" ?? ?? There is a serious misunderstanding here!  Talk to your attorney again."  Reply #2

What is your wife's counsel doing NOW, before the ALJ renders his/her decision, to get all evidence into the record and considered?   

"ALJ sent wife for a CE Mental.  Alj just got  that report however we and the lawyer cannot see what was said according to ODAR". 

 I am not an attorney but I can say with some degree of certainty that the applicant has the right to see ALL the evidence the ALJ has.  If the ALJ orders a CE or sends records to a medical consultant, the applicant has a right to see the CE report and to rebut the findings of the MC, either through a written report to the ALJ or, if necessary and appropriate, a supplemental Hearing.  It would appear that, if the ALJ is not following proper procedures, your wife would have a strong argument to use in appealing to the Appeals Council, if denied.     

Does her present counsel intend to appeal any less than fully favorable decision to the AC?  It is not premature to ask that question.  If your wife's attorney, or the firm, cannot explain what is going on to her satisfaction, she may want to seek counsel elsewhere if a fully favorable decision is not rendered. 

[Bonzai]

I asked for a copy of my last Mental CE, and the local ODAR office had to review it to see if it contained anything that would upset me, etc...  In that case, they would have sent a copy to my attorney to review.  As it was, I received my copy in the mail, and gave my attorney a copy of it.

[jafobss]

Sry so long to reply.  Yes it was part of that 1% that get reviewed. And it was sent back on remand. And we got a different ALJ because the one who orig mad the Favorable retired.

 As for the CD and Hospital records. THEY being the Lawyers office. They sent a Guy with Nothing no CD no info nothing. We had asked if there was any info they need hospital records anything. they said they would take care of all that. They didn't. The lawyers  have said they cant see the CE report.  As far as Appeal. We plan on it but were  going to can this law firm.

So anyway Now we still Wait for a decision. And possably another review Ughh.

Again TY for your Replys and well wishes.

[Just Me]

This is a good example of why every claimant needs to have an active role in their disability case. Just because someone tells you something, doesn't mean it is accurate or correct be sure to verify it. That may require a phone call, or researching laws, policies, etc. Having an attorney doesn't mean that they know what they're doing or that they will represent you in the manner they should. If you are denied, the attorney has many other cases. If you are denied, it is all you have.

[concerned]

This is a very curious case to me!! A case that was fully favorable was overturned and the claiment was not explained why this has happened!! Then, we hear that the ALJ who was on the case has retired!!! Can't help but think that something is fishy here. Maybe all the cases that this ALJ worked on right before retirement are being reviewed, like, could he have approved a whole bunch of cases right before retirement?? What would happen if this was the case? Is that why you are not getting any answers to your questions? In any case it sounds like you have done nothing wrong, but, unfortunately, it is affecting you big time!!  I hope everything works out for you........Very, Concerned