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Appealing A Soc. Sec. Decision


Magoo_Mr.

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  • HadIt.com Elder

What is the best way to appeal a Soc. Sec. decision ??

Can you get ALL of the Soc. Sec. records that Soc. Sec. used to make their decision .... so you can better pinpoint your appeal letter ???

I asked the Soc. Sec and they said NO ... did someone say that you can get these records via FOIA ???

Is there a special form to use for a FOIA request ??

I did miss some "time statutes" for filing ... but I think I have grounds to appeal ... maybe .. ???

"Denial Letter" just received from Soc. Sec .. and they considered me 100% Disabled ... but only back to mid 1998.

I have a good chance to win this battle .... if I can get my ducks in a row.

Any suggestions would be appreciated.

... Magoo .. aka .. Bill ... ;)

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  • HadIt.com Elder

MaGoo:

My suggestion is to get a SS Lawyer to do it and put the ducks in a row. Yes you will give up some dollars but you will get the benefits.

I think that they are limited as to how much they can take from back pay anyway.

Good Luck

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Guest VetWife Advocate

What is the best way to appeal a Soc. Sec. decision ??

Can you get ALL of the Soc. Sec. records that Soc. Sec. used to make their decision .... so you can better pinpoint your appeal letter ???

I asked the Soc. Sec and they said NO ... did someone say that you can get these records via FOIA ???

Is there a special form to use for a FOIA request ??

I did miss some "time statutes" for filing ... but I think I have grounds to appeal ... maybe .. ???

"Denial Letter" just received from Soc. Sec .. and they considered me 100% Disabled ... but only back to mid 1998.

I have a good chance to win this battle .... if I can get my ducks in a row.

Any suggestions would be appreciated.

... Magoo .. aka .. Bill ... ;)

I am interested also, Bill. Joe requested his from SS like Berta said to do...they said they could not give it to him directly; they could give it to his doctor?

VA used that as part of their decision making and I would like to see what they used for his NOD.

Let me know when you know~~ Good luck on this. Where did you find this new info; you had spoiken about it several yrs ago, almost!! Had you talked with an attorney, found a previous case? They don't have a site to review former cases before ALJ, do they?

Thanks, Brenda

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Hey Mr. Magoo-The SSA has tightened up procedures and an appeal is damn hard for an individual to handle on his own. The best way to win your appeal is to get a lawyer that handles ONLY SS cases. Almost all lawyers do it as a "sideline" but find one that handles only SS for the best results.

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  • HadIt.com Elder

magoo use the SS lawyer he can only get 25% or a max of 5300 dollars and it is well worth the money for you not to have the headaches of dealing with rules and regs you can't possibly understand, most SS lawyers have a hard time keeping up with their changes they only get paid if you do Mike

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Using a SS Attorney is definately the way to go on an appeal, but you still need to be pro-active with your claim to make sure that all time limits are made to pertect your EED. Also it has been known that SS attorneys will drag your claim out, so that their check is more, more than what the actual work is worth. It makes no difference to them that you have to wait, but it is in their interest to take as long as they can, so they make as much or as near the limit they are allowed to charge.

What I am saying is, don't just dump the claim in their lap and think they are going to get it done as quickly as possible, stay on top of it.

Jim S. ;)

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  • HadIt.com Elder

.

Thanks a lot fellows ..

I really do appreciate the advice on letting a SS Lawyer do it.

I have a ton of things to say here .. but I am so wound up .. my brain is not spinning up fast enough to make a good informative post.

Having a bit of anxiety today ... and need to turn off the TV and only listen to the radio again.

Thanks again ...

... Magoo .. aka .. Bill ... ;)

.

Edited by Magoo_Mr. (see edit history)
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  • HadIt.com Elder

I just called NOSSCR and got a number of a SS attny here.

Then called the SS attny and paralegal said they are not taking any cases at the moment.

There are a lot of SS lawyers here ... but how do you find a good one who REALLY knows SS law as mine is complicated ??

Any help appreciated ...

... Magoo .. aka .. Bill ... ;)

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  • HadIt.com Elder

I would interview the Lawyer if it was me. I think you need one who only does Social Security. You might ask around if anyone can recommend one. Most of the Social Security Lawyers once worked for SS.

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  • HadIt.com Elder

Thanks for all the info and advice.

This is a real "Brain Twister" for me ... but I will try to expalin it.

(1) I applied for SS benefits in Spring of 2005. ... (Was over 100%, P&T, sch with VA in 1999).

(2) I had 3 chances for SS.

(3) The lady at SS said that I would automatically be denied on one type of SS .. due to my 100% disbility payments from the VA. ... OK .. that happened and was no problem.

But, that I had 2 other chances for SS. .... (1) Based on MY disablities .. OR ... (2) based on my deceased wife's SS aka "Widower's Benefits".

(4) SS BASED ON MY DISABILITIES ... SS granted my disability back to 1998 ... but not far enough back to be in that (5 years of work quarters in a 10 year period) ..... I have the quarters, but just not in the 10 years PRIOR to filing.

SS did not get all the medical records and some of those docs back then are no longer in business and some of those records I have lost too. So ... I have to work on that part with getting records back several more years. The docs only have to keep the records 7 years I think ??

(5) My wife passed away in 1992 and I could draw on her SS.

The local SS rep told me that was approved .. but had to be processed and then she called back and said that I should receive a letter in 2 weeks and was NOT sure if I was approved. First call was 2 weeks ago & no letter.

I called the 800 SS number today and they said that NO decision on (5) (My Deceased Wife's SS) had been approved and to allow an additional 120 days for that decision. ... I stayed on the phone with 800 SS rep for almost 2 hours.

OK .. let me make this even more confusing .... the problem is this .....

My appeal on SS claim on ... BASED ONLY ON MY DISABIILITIES ... has to be filed in another 45 days max.

The SS decision ... BASED ON MY DECEASED WIFE'S SS aka WIDOWER'S BENEFITS ... can take another 120 days.

AND ... the SS Attny. will NOT take any new SS Cases .... IF you have ANY outstanding SS claim that MIGHT be awarded ... ie ... WIDOWER'S BENEFITS.

Even the people at SS said that this case has confused them.

So ... I am on my own ... to at least starting the first part of the first appeal on ... "MY OWN DISABILITIES" denial letter.

Today .. The lady at the 800 SS number did say that SS would do the appeal on my claim .... (1) BASED ONLY ON MY DISABILITIES .... and not on the (2) WIDOWER'S BENIFITS .... since no (2) had not been decided yet.

Hey .. if this claim has SS folks confused ... I will be toast without a knowledge of SS law.

It's like me going into a firefight against an NVA regiment with only a .45 and ...then only 1 magazine (with sand in it too). ...lol....

My daugher has helped with my other claims before ... but she is taking care of her sick grandparents, working and going to school and is not that close to my house now.

Soooooo .. I am on my own on this one ... period .. end of story.

WHEEEEEWWW ... I am 1/2 nuts just typing out all this mess.

... Magoo .. aka .. Bill ... ;)

PS ... OOOHHH .... On the brighter side ..... I do have something to really look forward to though ... (1) A VA appt. tomorrow at 0800 .. (anxietyville there) ... AND .. .... (2) "Root Canal" on a back molar .... tomorrow afternoon .... lol .... B)

Maybe ... I need to double up on my meds for tomorrow .... lol .... :lol:

.

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Goo,

They are all correct -- get a lawyer and appeal.

Best regards,

carlie

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This is all new to me.I need alot of help.I have been going to the vet center from 1982 to now I have been in the VA hosptal back in 1973 they said I had a reaction to toobaco(PTSD I passout in school) The VA just give me 30% and My kidneys are being tested(faction at 40%,I had a invation in vietnam)Now I'm doing SSD.This is very difficult when between IBS,PTSD and gen heath issures as alot of you know.I have a Mental status examination this week.Can someone help me.Thanks. Max

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Guest Jim S.

What is the best way to appeal a Soc. Sec. decision ??

Can you get ALL of the Soc. Sec. records that Soc. Sec. used to make their decision .... so you can better pinpoint your appeal letter ???

I asked the Soc. Sec and they said NO ... did someone say that you can get these records via FOIA ???

Is there a special form to use for a FOIA request ??

I did miss some "time statutes" for filing ... but I think I have grounds to appeal ... maybe .. ???

"Denial Letter" just received from Soc. Sec .. and they considered me 100% Disabled ... but only back to mid 1998.

I have a good chance to win this battle .... if I can get my ducks in a row.

Any suggestions would be appreciated.

... Magoo .. aka .. Bill ... :rolleyes:

Magoo: you should be able to just write them a letter stating that you are requesting a copy of your SS File so that you may all the information for which they denied your SSDI claim. I would also ask for a breakdown on what reasons that used to deny your claim, what paticular disability they say that makes you not qualified.

One thing you might note, although you may be considered 100% disabled, it's not like VA, they might consider you employable and they must state that and as to what type of jobs you would qualified for. Sit down type if you can't walk, comes to mind.

You must show and prove to them, that your combined disabilities and types of medication you are taking, make it impossible for you to hold any job that would provide you a job that pays a substantialy suportive earning. I don't know what the amount is, but it may be different in your work area or state.

If you are 100 % VA disabled, then you can use those records to fight your claim with, you will however need to get your VA Dr's to more clearly define your disability for you so that they are more easily quoted as disabling and to what degree. Current medication you are taking and as to how they effect your everyday living. personal letters from close friends and family, clergy, past empoyers, anyone who might have know you before and after. Have you had any stays in the hospital for treatment and how often

you may even consider looking for a job, but on the application list your disabilities and medications you are taking and any medical problems that might interfere with employment, like regular scheduled appointments, then when you are denied, they must give reason as to why, since they are not allowed to deny you based on disability, unless it is dangerous to you and others if imployed.

I would make sure that any and all memory or congnitive difficulties are part of your medical records as well.

Another thing to remember is it is not so much how much information you give them, It matters as to what makes you unemployable and why.

Start by listing each of your disabilities and then discribe how it effects you and your daily life and how it would interfere with any type of job, sit down or otherwise.

List all your medications, discribing all the side effects that those drugs have and which one of those interfere with daily life and your ability to hold down a job, sit down or otherwise.

If you have regular scheduled appointments each week or other week or are unable to even get out of bed, I would list those as interfering factor in holding a job or being able to excel in that job.

I can discuss this more, but I am getting closed to being late for my own Dr's appointment, Email me if you want scott.jimatsbcglobaldotnet Replace the at with @ and the dot with. and send me yours.

Lawyers are not necessary, but they do help when needed

Jim S.

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Max- good advise you got here- welcome aboard Veteran-best place in town-

Do you have diabetes?

What is the kidney problem from?

You are not working? You should file a NOD- that rating seems way too low-

and I suggest that you attach the TDIU form to the NOD-

Question # 18 check Yes- and under Remarks tell them that you have applied for SSA and then tell them of the side affects of your meds-

I would add the IBS to your claim too and any other disability you have.

The "remarks section is small-you can attach another page- tell them in Remarks that you are attaching it and then be sure to put your c file number etc on it and send all Priority with tracking or certified with proof of mailing to your VARO.

TDIU_form.pdf

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  • HadIt.com Elder

If you get into the appeals with SSA I would go ahead and get the lawyer. These guys are experts at this game and they can send you to the right doctors and write it all up so you can win your cliam before you die of old age.

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Max- good advise you got here- welcome aboard Veteran-best place in town-

Do you have diabetes?

What is the kidney problem from?

You are not working? You should file a NOD- that rating seems way too low-

and I suggest that you attach the TDIU form to the NOD-

Question # 18 check Yes- and under Remarks tell them that you have applied for SSA and then tell them of the side affects of your meds-

I would add the IBS to your claim too and any other disability you have.

The "remarks section is small-you can attach another page- tell them in Remarks that you are attaching it and then be sure to put your c file number etc on it and send all Priority with tracking or certified with proof of mailing to your VARO.

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I used an attorney on the third time I was denied....I was awarded disability, best money spent.

I never missed it coming from my backpay.

My lawer used to work for the SSA, and then went into private practice.

BoonDoc

Edited by BoonDoc (see edit history)
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Hello Bill,

This is the quickest way I know of that doesn't require a lawyer.

Request a hearing before the local SSA, "ALJ".

At the hearing, submit your evidence & testimony. If denied, than hire.

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