Alj Denial

[Bonzai]

I applied for SSDI in March 2008, on my own, figuring that I could supply Soc Sec with the information they needed and I would be approved - it didn't happen as I planned and I was denied around July 2008. As I was already getting legal assistance from a NOVA lawyer, I knew he also handled SSDI/SSI cases. He told me to file for reconsideration, and if I was denied then get back to him. So I filed for Reconsideration and was denied by November 2008.

I then signed the papers for the lawyer to represent me, and we filed for a review by an Administrative Law Judge, and the wait began. I researched the Administrative Law Judge and found out that he only approves 25% of his cases, so I did not have a good feeling about my case. I had my twelve (12) minute hearing late March 2010 and received my unfavorable decision June 25th 2010, about three months to get the decision.

Due to my ignorance of the whole Social Security process (I didn't know about HadIt or other sites then), I really blew the initial application and feel that I could have been awarded first time around, if I knew what I know now.

The Administrative Law Judge I had, has made it clear that: Social Security can ignore Veterans Affairs DSM-IV diagnosis's and they use their own Social Security Blue Book; Social Security can also ignore GAF scores; Social Security loses evidence; witnesses at a hearing can not be heard (my wife was not allowed to testify); IMOs can be discounted because they are paid opinions (what about their own consultant who gave me a GAF of 48 - ooops doesn't fit so just invalidate all GAF scores); and I am not a credible person.

If this seems like a b*tch post, I apologize, it gets better, as I hope to help someone else from making the mistakes I did.

My first and biggest mistake wasn't understanding the CFR 20 Appendix 1 to Subpart P, as three of my conditions are in the List of Impairments.

My second mistake was not knowing about Patrick's Self-Help report at yuku.com, where he has a format to follow in equating Social Security Blue Book to DSM-IV diagnosis's.

I learned about these mistakes while I was waiting for my ALJ hearing, during which time I also found HadIt and joined. So I waited to see the outcome of the ALJ hearing. At the time, My lawyer said the hearing went well, but in a recent review of evidence received by the ALJ, there were items submitted that have mysteriously disappeared. So mistake number three was not asking the ALJ what evidence he had, and to having copies of everything submitted to resubmit, if necessary.

I am actually OK with having to appeal to the Social Security Appeals Council, as they allow new and additional evidence to be submitted. My lawyer says he will fight it all the way to Circuit Court, but I would rather be in the three (3) percent of cases that get approved as Favorable at the Appeals Court level.

There are four possible outcomes (I have put them in order of probability):

1) Denial. (have to appeal to Circuit Court)

2) Remanded back to the same ALJ.

3) Approved favorably.

4) Remanded back to a different ALJ.

I, of course, would love number three. Next week we are filing the appeal, and the wait will go on for nine months to a year, or longer.

[Notorious Kelly]

Bon,

I'm sorry you're enduring all of this grief when you should be enjoying some retirement.

The SSDI promises and process are a crime against the working class and it certainly is a battle.

I just remembered one tool that helped in my fight was getting my case on CD from Social Security; this let me know what they had and what I might need to call attention to and/or add to the case.

All the best!

[Pete53]

Good Luck

I am glad that you have a Lawyer at this point.

[Bonzai]

I am applying for Bipolar Type I (SSDI Blue Book: CFR 20 Appendix 1 to Subpart P; 12.04 Affective Disorders), Severe Obstructive Sleep Apnea (SSDI Blue Book: CFR 20 Appendix 1 to Subpart P; 3.00 Respiratory-Adult H. Sleep-Related Breathing Disorders), and Hypertension (SSDI Blue Book: CFR 20 Appendix 1 to Subpart P; Cardiovascular System 4.00 H), so I have had to adapt Patrick's sample letter quite a bit.

If anyone is applying with the same conditions I have, I am more than willing to share parts of my letter.

[unique]

Bonzai I was denied by an ALJ too and I think the percentage rate for his denials were about the same as the ALJ that you had. My attorney said that it will take from 6 to 18 months to get a decision from the Appeals Council. Did your attorney tell you how long it will take for the Appeals Council to make a decision?

[Bonzai]

He said he hoped we would get a decision in 9 months, but it could well be longer. It depends on the case load at Falls Church, Virginia.

[unique]

Bonzai are you going to file back over again while waiting for the Appeals Council to make a decision? I didn't because my attorney said that I would lose all of my backpay.