Notice Of Decision Letter

[Ruffcreek]

My claim for SS disability was denied last summer and I appealed and have received notice for my request for a hearing before an ALJ.

Then unexpectedly yesterday I received the following letter from SS. "This determination is based on another review of your claim. As a result of our additional review, we are able to make a fully favorable medical decision and find that you meet the medical requirements for disability benefits. The onset of your disability is established as of January 18, 2008. Therefore, it is not necessary to have your case decided at the hearing level. We have not yet made a decision about whether you meet the nonmedical requirements, but we will make that decision soon. You will soon get a notice about the amount of your payments if you meet the nonmedical requirements."

This seems positive to me but 1) is this normal for them to do another review after I appealed the 1st denial?, 2) what are nonmedical requirements?, and 3) anybody care to guess how SOON the decision will be made?

Thanks to anyone who cares to comment.

[carlie]

I read this as SSA is granting your claim as Fully Favorable.

carlie

[jbasser]

congratulaltions,

You won your claim now the SSA is doing the intangeable items like quarters paid in and the minor qualifying criteria.

Thats it.

John

[john999]

So you should get a check that would include some retro pretty soon. You have to wait for 6 months from the time the SSA concludes you meet disability requirements to get a check. That would have been in July 2008. So they owe you since that date is how I understand it. Did you have a lawyer? If so he gets some of the retro. If not you get it all.

[ruby]

After going through SSDI process I can tell you thier terminology for an approval is " favorable" so you did get SSDI. Yes they go through another review esp with court cases.

Non Medical would be Psy.

You will get a 6 monthds of back pay. If you did direct deposit I would say within 60 days.

A yes, usually has to go before a review also. that can delay it 60 days.

I have SSDI for 2 conditions both medical. They will give SSDI for the conditions that are 100% disabling.

I didn't know this until I got a copy of what I was granted SSDI for, they don't give you anything saying why. You already got the "favoravle" letterr.

Congrats on your win

Edited March 6, 2009 by ruby

[Josephine]

Congratulations, Sounds Good to me!!

Betty

[Ricky]

Ruffcreek - congratulations my friend.

I am not a SSDI expert but let me take a whack at your questions:

-Yes it is common for this type of review to occurr. It is called an On the Record (OTR) review. While your file is sitting there gathering dust waiting for the ALJ hearing, your attorney should (if he/she don't them fire them) ask the SS Office to conduct a OTR review of your claim. This is done due to the fact that after the denial and while getting ready for the hearing, most of the time new evidence is developed and added to the file. Just think of it in VA terms as a DRO review. The request from your attorney will indicate that either 1. the evidence in the file warrants nothing more than an approval or 2. since the denial new evidence has been developed and added to the file which warrants a definite approval. At that point a senior adjudicator will review the file and if appropriate award the claim. They even do this sometimes without any prompting, because they sit there and watch the files pile up while waiting for the one or two ALJ's to schedule the hearings......would kinda be nice if VA functioned this way!!!!

-Non-medical requirements are simply those basic requirements needed to establish the claim such as do you meet the required number of work quarters to qualify for SSDI, are you really a citizen, do your dependents meet elgibility requirements etc........;

-Normally takes 4-8 weeks depending on the work load of your supporting office.

Hope this helps you a little bit.

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