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Author Topic: Wandering if any of the policy changes affected recent ALJ hearings  (Read 2993 times)

darkeyes75c

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I had my ALJ hearing in February and was denied.  I filed for AC review and sent a letter requesting additional time to turn in evidence. Have not received a response yet.  I called to ensure my letter was received and was confirmed.   

My denial letter was so messed up.  Lots of inaccuracies.   I requested my file be sent via email.  After, reviewing, I found that I had missing medical records.  At the same time I was dealing with my sons disability appeal, awaiting his decision.   His judge alerted me to my son not having any records at the same provider I had missing files.  This prompted me to file a cmplaint with the state.  I found out that many patient records were lost during a system changeover. 

Thankfully, the mistake was caught before my sons decision was made and he received a favorable decision.   It was a little late for me though.

 I recently had several procedures and surgeries that were not related to illnesses in my initial application.  So, its taking me some time to get those records.  I was told the new records dated after my hearing would not be considered in the review even though the illness developed between the time of the initial application and appeal. 

There is nothing I can do about the missing medical records other than report the complaint I made.  They were very significant for my case.  I can only recover some missing records from a hospital.   

Even with the records missing, I still could not understand how I was denied.  I handled both my case and my sons without an attorney.   I know what evidence was presented in each case and the severity of both of our conditions. I was present at both hearings.  I am amazed at the outcomes.   I am so grateful for my sons favorable decision and at the same time, upset that I was denied so quickly and so easily when my health is so much more fragile than his. 

I am trying to find the difference.   If there is something to Saul being fired and the whole changes he made with allowing attorneys to make decisions for alj's.  I am wandering is it possible that one decided for mine under my alj.  The decision really did not sound like an alj who had so many years of experience as a judge.

Anyone else have any experience in any of these matters??

Just Me

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Re: Wandering if any of the policy changes affected recent ALJ hearings
« Reply #1 on: July 13, 2021, 04:03:01 pm »
Saul nor any policy changes have anything to do with missing medical records. SSA has nothing to do with them not receiving medical records your provider did not send. There is no way of knowing what, if any evidence was in those missing medical records. Nor if they would have made any difference in your case. Even a experienced ALJ has to use the evidence in front of him.

Did you add the impairments your procedures were for to your application? Did you update your Adult Function Report to include how these new impairments impact your ability to function?  Procedure and surgery reports do not provide evidence of how impairments affect your ability to function.

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.

Helper

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Re: Wandering if any of the policy changes affected recent ALJ hearings
« Reply #2 on: July 13, 2021, 07:31:38 pm »
I wonder if the ALJ considered that you were able to present your case & your son's case & your son needed assistance to present his case as additional evidence of his disability
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darkeyes75c

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Re: Wandering if any of the policy changes affected recent ALJ hearings
« Reply #3 on: July 27, 2021, 07:05:58 am »
I do believe that the hearing itself tilted my sons verdict towards him being approved.  And it may be possible that my intellectual ability is hindering my efforts.  I do have serious mental/emotional problems and moderate physical limitations.  I could always compensate when I lacked in one area, but aging has made it difficult.  Mind not quite as sharp and body doesn

darkeyes75c

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Re: Wandering if any of the policy changes affected recent ALJ hearings
« Reply #4 on: July 27, 2021, 07:23:38 am »
And with Saul I wasn

newdawn

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Re: Wandering if any of the policy changes affected recent ALJ hearings
« Reply #5 on: July 27, 2021, 10:32:04 am »
I do believe that the hearing itself tilted my sons verdict towards him being approved.  And it may be possible that my intellectual ability is hindering my efforts.  I do have serious mental/emotional problems and moderate physical limitations.  I could always compensate when I lacked in one area, but aging has made it difficult.  Mind not quite as sharp and body doesn

Sorry but we are currently still experience a forum software glitch that causes some people's posts to be cut off when they use an apostrophe or quote mark. If you try typing your posts not using apostrophes or quote marks, they usually post without getting cut off. Sorry for the inconvenience.
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

artsya3

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Re: Wandering if any of the policy changes affected recent ALJ hearings
« Reply #6 on: August 21, 2021, 09:20:40 pm »
To me it sounds like you went to the court proceedings without a lawyer and aftervre-reading I see you said that… If you know yourself you are limited intellectually, I ponder why the fudge did you do that??? I’d think if you did have a lawyer or at least an Advocate they would have double checked the judge had all of the documents needed and ssked for a different date if not or brought copies to the court to give before the hearing.
I’m assuming you appealed the outcome of your court case.     
In my opinion, *some states you get one ; some you get two chances to get approved without seeing a Judge.  When you are actually at the AJL level, find a lawyer or advocate to go into the courthouse with you.  A Judge was once a lawyer… people!!
Plus even if you are capable of defending yourself.  It’s nice to have someone on your side and there with you vouching for you when you really need the program assistance and when you could be an emotional wreck or the like at the moment in the court room.
« Last Edit: August 21, 2021, 11:07:36 pm by artsya3 »