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Author Topic: Medical records are not being added to my file  (Read 1671 times)

adubz003

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Medical records are not being added to my file
« on: April 05, 2021, 10:21:23 am »
I'm in my 3rd time of applying for SSDI. Each time I have applied, I have personally sent all of my medical records, including my DOD service records which make up 90% of my evidence (about 600 pages worth). My latest denial showed the DOD records were requested and the DOD did not respond to that request. I requested my SSA file and noticed the DOD service records weren't in there.

The first time I applied, I hand carried my service records into the SSA office and waited for them to scan them and was given copies. The most recent time I sent my records, I sent them certified mail with delivery confirmation. They were definitely delivered to the correct place but they were not added to my file, and thus they weren't considered in the determination. I feel like something very shady is going on here.

Why is the SSA not adding these relevant medical records to my file?? Who do I report this to??

newdawn

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Re: Medical records are not being added to my file
« Reply #1 on: April 05, 2021, 11:18:30 am »
I'm in my 3rd time of applying for SSDI. Each time I have applied, I have personally sent all of my medical records, including my DOD service records which make up 90% of my evidence (about 600 pages worth). My latest denial showed the DOD records were requested and the DOD did not respond to that request. I requested my SSA file and noticed the DOD service records weren't in there.

The first time I applied, I hand carried my service records into the SSA office and waited for them to scan them and was given copies. The most recent time I sent my records, I sent them certified mail with delivery confirmation. They were definitely delivered to the correct place but they were not added to my file, and thus they weren't considered in the determination. I feel like something very shady is going on here.

Why is the SSA not adding these relevant medical records to my file?? Who do I report this to??

How old are these records? SSA is usually only interested in the last 1-2 years of medical records prior to the date when you allege you became disabled. So it might be a moot point about them getting left out if they are older than that.

Other than that, I don't know why they would be left out.  :Main13:
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

Just Me

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Re: Medical records are not being added to my file
« Reply #2 on: April 05, 2021, 11:47:32 am »
Even when Claimants provide their copies of their medical records. SSA requests them from the providers. SSA does this to ensure the records were not tampered with. Unless the records are out of the needed time frame or they do not pertain to the implementation claimed. it sounds like the providers did not send SSA a copy of your medical records. You might want to call the providers and ask if they received a requested. If they were, ask when they were sent. Ask for the person that handles Medical. Records when you call the providerx.
 
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

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jsm

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Re: Medical records are not being added to my file
« Reply #3 on: April 05, 2021, 04:57:39 pm »
I'm in my 3rd time of applying for SSDI. Each time I have applied, I have personally sent all of my medical records, including my DOD service records which make up 90% of my evidence (about 600 pages worth). My latest denial showed the DOD records were requested and the DOD did not respond to that request. I requested my SSA file and noticed the DOD service records weren't in there.



I read some of your older posts.  When you say you applied three times, I assume that means you had three applications, each with their own appeal periods.  Unless you mean you applied, got denied, filed an appeal at the reconsideration level and it was denied and then filed a Request for a hearing which was held and it was denied. That is one claim with two appeals.  It appears you first filed for SSDI in 2016, and had an unfavorable ALJ decision in July 2020 and made a new application in August 2020, if I am reading it correctly.  Maybe there was a third application in the middle of that.  Not sure which ones you appealed.  If you have not been active duty since 2016, it seems that these DOD records could not be dated any earlier than 2016. So none of these records provide any evidence about your condition in 2020, because you have either gotten better or you have gotten worse.

Have you read all 600 pages? There can only be information from 2016 or earlier, correct?  And you have had two applications for SSDI and are now on your third one?  That means you have been found not disabled through the date of that decision, and SSA will not go back to look at those old records since they don't show anything about how you are in 2020.  DDS will start with the day after the ALJ decision, July 2020. Everything before that date is closed. They won't look at anything earlier since that has already been decided and not appealed.




The first time I applied, I hand carried my service records into the SSA office and waited for them to scan them and was given copies. The most recent time I sent my records, I sent them certified mail with delivery confirmation. They were definitely delivered to the correct place but they were not added to my file, and thus they weren't considered in the determination. I feel like something very shady is going on here.


With three claims, there should be three different electronic files.  You said you requested your electronic file, but does it show all three claims?  If you submitted them in 2016, they may not have been moved to the later claim files if they were immaterial.



Why is the SSA not adding these relevant medical records to my file?? Who do I report this to??


When you had your ALJ hearing in July 2020, didn't you review your file at that time? It doesn't look like you had an attorney representing you. It is normally part of the hearing process.  Why didn't you bring it up at that time?  And exactly what makes these old records (what do these 600 pages say and for what period) relevant to your condition in 2020? 

Why didn't you appeal the ALJ decision and why don't you have an attorney?

By the way, do you know your Date Last Insured and the relevance of that date? Is it in the future or the past? Important question to resolve.