tdiu Ssdi Appeal New Information

[Bonzai]

I applied for SSDI last year and was denied, so I got a lawyer and we filed an appeal. At the time I filed, I used bipolar and HTN for the reasons I can not work. Since that time, I have been diagnosed with Severe Obstructive Sleep Apnea, and mild peripheral neuropathy. Will Soc. Sec. know about the additional physical conditions? My lawyer has said that he would schedule an IMO about a month before going to the ALJ and BVA, but are the appeals limited to conditions in the original claims?

It is my understanding that the VA looks at each condition individually for TDIU qualification, but that Soc. Sec. looks at everything and somehow combines the conditions into a gestault condition, which is used to determine if the applicant qualifies for SSDI.

I am extremely annoyed with my lawyer, as I have left two messages for him to contact me in the past two weeks and he hasn't. I am going to his office tomorrow, and would like to be better informed than I am now.

Thanks,

Louis

Edited August 14, 2009 by Bonzai

[carlie]

Bonzai,

In my opinion you DO want SSA to have your medical evidence

for ALL Medical Conditions you have.

The lawyer sounds typical - you get to talk, when they call you ~ lol.

jmho,

carlie

[Pete53]

Bonzai:

I cannot see how putting off informing SS of this diagnosis would help your claim.

[Bonzai]

I guess I wasn't clear.

Can additional information be added to a claim that is in appeal for SSDI? BVA?

Louis

And how would it be added?

Edited August 14, 2009 by Bonzai

[Pete53]

Yes

[Bonzai]

That is what I get for asking a compound question...

It is my understanding that a claim under appeal to the BVA only addresses the conditions in the original claim, and any new conditions have to be addressed in a new claim to the VARO.

But Social Security is different and looks at all conditions to come up with a determination. So how do I get the new conditions added to the SSDI claim?

Or am I totally confused? again...

Louis

[Pete53]

Louis:

I apologize I am not doing well today and I will defer to other Members to answer your questions