Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To Read Current Posts  

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Notice Of Decision Letter

Rate this question


Ruffcreek

Question

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.

Link to comment
Share on other sites

  • Answers 13
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Yes. A sizable number of claims are granted by the ALJ.

I read somewhere two things that somewhat explain that:

1. Lower level employees can ONLY go by the POMS manual and black and white guidelines. If you fit EXACTLY into those parameters - they can grant it. Otherwise, they can't.

But an ALJ has much broader power. He can follow the LAW - and INTERPRET reports, etc. etc.

i.e. he is allowed to THINK - and not just connect the dots.

2. Lower level employees do NOT get in trouble for denying claims that should have been granted, but they CAN get in trouble for granting claims that should have been denied. Therefore, they are more prone to error on the side of job security.

I am not sure how true either of these ideas are - but I did read them somewhere - and they made sense (relatively speaking).

Free

ruffcreek,

congrats on the the award, ms berta do you have a better chance of getting approved for ssdi with ptsd at the alj level.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use