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.

[Josephine]

Perhaps you should contact this agency.

It worked for my daughter.

[Bonzai]

I can't say there was any bias, other than the fact that he picked and chose parts of treatment records to support his decision, and ignored the bad things.

It says that filing a complaint will delay any appeal currently in process, and I would hate to be moved to the top of the pile. With the additional information we have submitted, weakening some of the ALJ's reasoning and eliminating other parts of his decision, I am hopeful for something to come out of my appeal to the Social Security Appeals Council.

However, it is good to know there is an agency to file a complaint about an ALJ with.

[Bravo6]

I can't say there was any bias, other than the fact that he picked and chose parts of treatment records to support his decision, and ignored the bad things.

It says that filing a complaint will delay any appeal currently in process, and I would hate to be moved to the top of the pile. With the additional information we have submitted, weakening some of the ALJ's reasoning and eliminating other parts of his decision, I am hopeful for something to come out of my appeal to the Social Security Appeals Council.

However, it is good to know there is an agency to file a complaint about an ALJ with.

Is your condition PTSD? Just wondering!

Don't give up........that's what they want you to do!

Good Luck!

B6

[Bonzai]

No, not PTSD, you must have missed where I posted that I am applying for Bipolar I, Severe OSA and HTN. I am not going to give up.

[Bonzai]

I really had to look for this post to update the status.

After 17 months, the Appeals Council vacated the ALJ's denial and remanded my claim for another hearing with seven issues to address. Seven months later, I had a second hearing with the same ALJ, but this time the hearing took over 45 minutes.

Seven weeks after the remanded hearing, I received a fully favorable decision in the mail.

So boys and girls, it is worth appealing an ALJ's denial, provided your attorney knows what was done wrong in the hearing and how to write the brief to the Appeals Council.

[jbasser]

I figured that would happen.

Congrats Lewis.

J