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Author Topic: Quesionts/Thoughts  (Read 1724 times)

lost2022

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Quesionts/Thoughts
« on: August 13, 2022, 01:34:52 pm »
So I filed for initial application in 2019 (multiple conditions back, mental, GI).  So after reading through my denial from ALJ it seems to me like it was cherry picking a statement or action to denie my application.  In the end my advocate asked a question to jobs guy and asked if I could do x,y.z and he said no.  But the jude disregarded that and denied.  Filed the appeal with law firm (this law firm didn't represent on ALJ hearing was using an advocate at the time).  Went thru the grind on the process then about a week ago just got notification of denial at the Appeals council  (which was told it would take 1-2 years but it happened in like 3 months).  The law firm I hired doesn't want to pursue federal said somehing vague lack of merit.  But said I should reapply and they would help me.  I reached out another law firm residing in my state to pursue federal was told they won't take the case.  I did reach out to another and no reply.  This has to be one of craziest experiences I have ever had.  So my questions are:

1.  Since this is federal I am not stuck with using attorneys in the state I reside?  Sorry not up to speed on this how all this works. 

2.  Does anyone have any recommendations on national law firm that would take a hard case.  I only presume cause locally no one wants to take unless it seems to be sure fire winner.

Just Me

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Re: Quesionts/Thoughts
« Reply #1 on: August 14, 2022, 12:28:09 pm »
If several firms do not want to pursue your case to to lack of evidence. I would take that as a very strong sign you need more medical evidence to meet SSA requirements. A national firm might take your case  but that does not mean your chances are good. Have your impairments gotten worse since your hearing ? Did you get copies of your medical records and read them ? Working being difficult and not being able to work are two different things. Did you discuss how your impairments affect your ability to perform Activities Of Daily Living with your doctors at each visit ? Did they note it in your medical records? Were you detailed when you filled out your Adult Function Report?  If you take your case to federal you can file a new application. Provided your credits have not expired for SSDI. For SSI you have to meet the financial requirements.
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.

Disabledvet100%

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Re: Quesionts/Thoughts
« Reply #2 on: August 16, 2022, 03:26:23 pm »
They took my Case when the AC denied my case and my attorney dropped me

PM for link.
« Last Edit: August 16, 2022, 06:23:54 pm by newdawn »
Initial 09/19 Recon 3/20
ALJ 06/20 AC 10/20
Federal 10/20
New app 10/20 Recon 10/21
ALJ approved 3/22 then vacated
Fed Remand 1/22
Fed and ALJ combined: Won via OTR 7/22

Kyjones68

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Re: Quesionts/Thoughts
« Reply #3 on: August 17, 2022, 02:17:21 am »
I've read your comments. After being dropped by your lawyers what happened?
Did you win your case? I'm asking because I see the comments in the bottom left corner.

newdawn

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Re: Quesionts/Thoughts
« Reply #4 on: August 17, 2022, 09:55:52 am »
Sorry if I caused any confusion but Disabledvet100% linked to a national organization or firm's website which eventually took their case. Unfortunately we don't allow non-.gov links on the forum, including links to recommended attorneys, non-attorney reps, etc. That's why I removed the link and added "PM for link" yesterday.

However, anyone interested in knowing the representation DisabledVet100% used can private message them and ask via PM.
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

Disabledvet100%

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Re: Quesionts/Thoughts
« Reply #5 on: August 17, 2022, 03:16:34 pm »
Sorry..mea culpa. Thank you for letting me know!
Initial 09/19 Recon 3/20
ALJ 06/20 AC 10/20
Federal 10/20
New app 10/20 Recon 10/21
ALJ approved 3/22 then vacated
Fed Remand 1/22
Fed and ALJ combined: Won via OTR 7/22

lost2022

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Re: Quesionts/Thoughts
« Reply #6 on: August 20, 2022, 02:35:38 pm »
Sorry for delay in replying was shopping around for another attorney and doing some soul searching.  Thanks for replies gave me a little more to chew on.  So this other attorney I ran through said that they worked with a federal attorney that reviews cases to see if they could make an argument.  Well they got back to me and said no.  So I am currently talking to another firm right now as the clock is still ticking.  I have read and understand has higher requirements than VA on disability (Two govt agencies different standards??).  I also understand anything and everything will be used against me .  A good example I am in my mid 40's (they have an age chart?!!wow).  Or I choose not to followup and see doctors (as I stopped seeing a mental health provider cause I felt he wasn't doing/helping me).  Or I didn't mention specific ailments on some visit cause I didn't they were relevant while being seen for whatever I was going in for. 

When I filled out the documentation for SSDI I filled out to the best of my ability and felt overwhelmed with amount questions.  So a good chance that I didn't write down all my conditions accurately/how they affect me cause I was not in the right state of mind.  But in the end I am going to keep trying pursue this as far as I can.  The rejection does make me want to quit and maybe I am not disabled enough by SSDI.  Who knows but I started this process and try to finish it.  Am I pissed?  Yes cause when I was in the ER multiple times and out for 2 weeks or more and filed for SSDI I was denied on bunch of bs (to much to list ).

But I would like to end my rant with thanks for your replies input.  Just having someone else to speak with helps!

Disabledvet100%

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Re: Quesionts/Thoughts
« Reply #7 on: August 21, 2022, 11:50:32 am »
Typically, If you give SSA the leeway to be subjective without explaining the situation, it more than likely they will deny you.  The better your medical   documentation describing why you're unable to work a 40 hour work, increases your chances for a favorable decision.

Wishing you serenity!   
Initial 09/19 Recon 3/20
ALJ 06/20 AC 10/20
Federal 10/20
New app 10/20 Recon 10/21
ALJ approved 3/22 then vacated
Fed Remand 1/22
Fed and ALJ combined: Won via OTR 7/22

lost2022

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Re: Quesionts/Thoughts
« Reply #8 on: August 22, 2022, 11:27:43 am »
LOL totally agree with you but was never something I ever thought about until the last year and half.

newdawn

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Re: Quesionts/Thoughts
« Reply #9 on: August 22, 2022, 03:36:40 pm »
Typically, If you give SSA the leeway to be subjective without explaining the situation, it more than likely they will deny you.  The better your medical   documentation describing why you're unable to work a 40 hour work, increases your chances for a favorable decision.

While I don't agree 100% with your first sentence (and not everyone has to agree on everything), definitely when talking to your doctors and when filling out paperwork for SSA, do not leave things generic or to the imagination. Get specific. Like if a form asks me, do I prepare meals? Yes, but I "prepare" meals only for myself and most "meals" consist of cereal for breakfast, peanut butter and jelly sandwich or cheese and crackers for dinner and so forth. If this is true (in my case it is), answering just a blanket "yes" to "preparing meals" might sound (could be interpreted as) I'm cooking elaborate meals for me and my mom everyday which would be inaccurate.

 

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

lost2022

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Re: Quesionts/Thoughts
« Reply #10 on: August 22, 2022, 11:49:08 pm »
Everyone has right to disagree or agree.  But from my experience the more detailed your record is the better your chances (or at least I like to think lol).  But so many variables on why you can be approved or disapproved.  But my search for an attorney continues 30 days left:( 

Just Me

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Re: Quesionts/Thoughts
« Reply #11 on: August 23, 2022, 01:34:15 pm »
Detail Matter. No one has a crystal ball. The same impairment affects different people differently. You are the only one that can explain to your doctors and SSA exactly how your impairments affect your ability to function daily. 
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.

lost2022

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Re: Quesionts/Thoughts
« Reply #12 on: August 24, 2022, 12:00:38 am »
Just Me don't disagree with what you said.  I do appreciate your thoughts on the matter.  No doubt your right lol, I need to make a list before I speak on this stuff though.  One minute I nailed down all my symptoms and how they affect me.  Then brain dump down to basics "my fuckin back hurts" and I can't move lol.  So I definately need to take more time and analyze this to give best/honest/answer.