Announcement

Collapse
No announcement yet.

Why I Lost My SSDI Hearing...

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Why I Lost My SSDI Hearing...

    After losing my SSDI Hearing, and completing the task of going through each and every file on the CD sent to me by the SSA, one sentence sums it up...

    Medical records from my Neurosurgeon and MRI reports were NOT in my file for the Judge to see!!!!

    However, I found a billing statement to my attorney, from my Neurosurgeon, for $25.00 to obtain my medical records.

    I lost over twenty-five-freakin-dollars!!!

    Incomplete, SCI, T1-T8, w/ Arachnoid Cyst. Bilateral shoulder surgeries, 2 on the left, 3 on the right, right forearm surgery for a crushed radial nerve.

    "We can always choose to perceive things differently. We can focus on what's wrong in our life, or we can focus on what's right."
    — Marianne Williamson

  • #2
    If your attorney committed malpractice, you can sue him.
    2012 SCINetUSA Clinical Trial Support Squad Member
    Please join me and donate a dollar a day at http://justadollarplease.org and copy and paste this message to the bottom of your signature.

    Comment


    • #3
      Originally posted by swh2007 View Post
      If your attorney committed malpractice, you can sue him.
      And if that was the cause I would.

      Comment


      • #4
        Originally posted by swh2007 View Post
        If your attorney committed malpractice, you can sue him.
        I'd love to slap him with malpractice, but in this State in order to do so, you have to first win the pending case. I believe he knew he was missing the files when we went into the hearing. None of my medical records were up to date! What a shist!!!
        Incomplete, SCI, T1-T8, w/ Arachnoid Cyst. Bilateral shoulder surgeries, 2 on the left, 3 on the right, right forearm surgery for a crushed radial nerve.

        "We can always choose to perceive things differently. We can focus on what's wrong in our life, or we can focus on what's right."
        — Marianne Williamson

        Comment


        • #5
          Originally posted by Charlottes Web View Post
          I'd love to slap him with malpractice, but in this State in order to do so, you have to first win the pending case. I believe he knew he was missing the files when we went into the hearing. None of my medical records were up to date! What a shist!!!
          Ask your new attorney to document any mistakes. You will probably have to find a lawyer who specializes in attorney malpractice. The new SSDI attorney may have some ideas on that.
          2012 SCINetUSA Clinical Trial Support Squad Member
          Please join me and donate a dollar a day at http://justadollarplease.org and copy and paste this message to the bottom of your signature.

          Comment


          • #6
            Originally posted by Charlottes Web View Post
            I'd love to slap him with malpractice, but in this State in order to do so, you have to first win the pending case. I believe he knew he was missing the files when we went into the hearing. None of my medical records were up to date! What a shist!!!
            It really is hard to LOSE at the hearing level. If a bum knee or tennis elbow can get it? It really is the fault of an inept attorney.

            I would be interested in finding out how many cases he has lost at this level. I don't know what entity would have that information.

            Also did this attorney specialize in Social Security or was it a side practice? Social Security now has a certification for attorneys. I don't know any of the particulars but they advertise it on TV here.

            If SSA is his side practice, then you are the one who ultimately suffered.

            I hope you get this fixed but probably not a quick fix. Good luck
            T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

            My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

            Comment


            • #7
              I don't have another attorney, SWH. It's next to impossible to get another attorney for SSDI representation. The way I understand it, if the appeal is overturned there is NO back pay involved therefore nothing for the attorney. I would have to pay out of pocket for another attorney.

              Daisy, he is certified SS disability and came recommended by an attorney friend of mine. he has a good win record but I don't think he has ever had a spinal cord injuried client. He gets a lot of back injuries and wins them from pain clinic records. Well, this is what he told me. If I get this overturned, I'm going after his butt!

              Good news, my State Rep called me this morning after I sent an email. He will have the Congressman call me tomorrow. He said their office pushes disability cases through and he would have them act fast for me! He owed me one until now.
              Incomplete, SCI, T1-T8, w/ Arachnoid Cyst. Bilateral shoulder surgeries, 2 on the left, 3 on the right, right forearm surgery for a crushed radial nerve.

              "We can always choose to perceive things differently. We can focus on what's wrong in our life, or we can focus on what's right."
              — Marianne Williamson

              Comment


              • #8
                So you only have 60 days to appeal to the "Appeals Council" to keep from losing your back benefits.

                https://secure.ssa.gov/apps10/poms.nsf/lnx/0412020001

                In my opinion, you need to do this on your own for time's sake as well as contacting your congressman and perusing that avenue.

                Don't sit back and depend on an attorney again. I kind of got confused and took it to mean you had another attorney look at it or had another attorney like SWH.

                You need to print out the form HA-520-U5 and submit it to your nearest office. Get documentation that it was received. I have done this although for a different issue. I am also in the hearing process with an ALJ.

                Then you need to submit the additional records that were omitted by your previous attorney.

                Timeliness of request for AC review – number 8 and 9

                Check the appropriate block to indicate whether we received the request for AC review within 65 days of the ALJ’s decision or dismissal. In concurrent claims (title II and title XVI), check “yes” only if the request on both claims is timely. Check “no” when the request on one or both claims is not timely, and specify which one(s) is not.
                If you check “no,” obtain a statement that explains that claimant’s reason for late filing and develop for good cause. The claimant can add a good cause statement to the appeal request, such as the HA-520-U5, or submit as a separate written statement. The statement should include the following information:
                • claimant’s name and address, and
                • reason for the delay

                Forward the statement and any development along with claim’s folder copy of the Form HA-520-U5 to the AC. The AC will determine whether the request is timely and whether the claimant has good cause.
                Time is of the essence here and you need to act on this NOW. I am afraid if you wait on another attorney you will miss this deadline.

                http://www.ssa.gov/online/ha-520.pdf

                This is the form and you need to submit additional evidence.

                Additional evidence

                The claimant should submit any document(s), or other evidence that he or she wants the AC to consider, with the AC review. If evidence dated after the ALJ decision is relevant to the period before the ALJ decision, the AC will consider it with respect to the AC review. Otherwise, the AC will return the evidence to the claimant with a notice explaining that the claimant may file a new application with a protective filing date back to the date of the request for review.
                1. Claimant’s additional evidence
                  • Attach any evidence to the “claims folder” copy of the Form HA-520-U5.
                  • Annotate “evidence attached” on each copy of the Form HA-520-U5.
                  • Annotate the claimant's name and social security number on any evidence that the claimant sends to the FO.
                  • If the claimant is unable to submit the additional evidence at the time he or she files the request for AC review, advise the claimant to forward any additional evidence, marked with his or her name and SSN, within 15 days to the address listed in GN 03104.200D.1. of this section.
                    1. Describe briefly, in the “Reasons for Disagreement” section, the type of evidence the claimant will submit.
                    2. If the claimant submits evidence after filing the request for AC review, annotate the evidence with claimant’s name and SSN and forward it directly to the Office of Appellate Operations (OAO) at the address listed in GN 03104.200D.1. of this section.

                  • Do not delay forwarding the request for AC review pending submission of evidence.

                2. If the claimant's statement or other information indicates any development leads which might permit a favorable decision, record the information on an SSA-5002 (Report of Contact) and attach a copy of it to each copy of the Form HA-520-U5 (except for the claimant’s copy).
                I would depend on favors from a congressman either. It takes time to get things done through them too. You will have to fill out a form to give him permission to have your SSA records and then he will submit the request to SSA to get the records. You ONLY HAVE 60 days and the clock is already ticking.

                They do help pushing these cases through but you still need to file the form above so your case can go to the appeals council.
                Last edited by darkeyed_daisy; 03-10-2013, 01:25 PM.
                T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

                My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

                Comment


                • #9
                  I thought you had second SSDI attorney. I personally would get one, even if I had to figure out a way to pay out of pocket. Sorry I can't help more.
                  2012 SCINetUSA Clinical Trial Support Squad Member
                  Please join me and donate a dollar a day at http://justadollarplease.org and copy and paste this message to the bottom of your signature.

                  Comment


                  • #10
                    Daisy, I printed the form, HA-520-U5, the day I received my, (unfavorable), notice and I've got the deadline noted on the calendar. The form also allows you to file an extension and I will do that on my own if I can't get legal representation by the end of this week. My deadline is next month so I have a little time to play with.

                    I won't count on the political favors but still have my fingers crossed that they'll pull a rabbit out of their hat. By law, the decision on my case can be overturned without an appeal process. Probably written into law just for the use of political favors...lol! So, I don't want to jump the gun on filing either. It would be great if I could get the back pay too. But, no worries, I'll file for an extension in due time.

                    I want to find out how the Neurosurgeon's record were left out of my file. I feel certain my attorney knew the records were missing from my file before we went into the hearing! That would explain his behavior.

                    Daisy, if you're using an attorney for your hearing, make sure that sucker has the t's crossed and the i's dotted!!! Do you have a court date?




                    Originally posted by darkeyed_daisy View Post
                    So you only have 60 days to appeal to the "Appeals Council" to keep from losing your back benefits.

                    https://secure.ssa.gov/apps10/poms.nsf/lnx/0412020001

                    In my opinion, you need to do this on your own for time's sake as well as contacting your congressman and perusing that avenue.

                    Don't sit back and depend on an attorney again. I kind of got confused and took it to mean you had another attorney look at it or had another attorney like SWH.

                    You need to print out the form HA-520-U5 and submit it to your nearest office. Get documentation that it was received. I have done this although for a different issue. I am also in the hearing process with an ALJ.

                    Then you need to submit the additional records that were omitted by your previous attorney.

                    Time is of the essence here and you need to act on this NOW. I am afraid if you wait on another attorney you will miss this deadline.

                    http://www.ssa.gov/online/ha-520.pdf

                    This is the form and you need to submit additional evidence.

                    I would depend on favors from a congressman either. It takes time to get things done through them too. You will have to fill out a form to give him permission to have your SSA records and then he will submit the request to SSA to get the records. You ONLY HAVE 60 days and the clock is already ticking.

                    They do help pushing these cases through but you still need to file the form above so your case can go to the appeals council.
                    Incomplete, SCI, T1-T8, w/ Arachnoid Cyst. Bilateral shoulder surgeries, 2 on the left, 3 on the right, right forearm surgery for a crushed radial nerve.

                    "We can always choose to perceive things differently. We can focus on what's wrong in our life, or we can focus on what's right."
                    — Marianne Williamson

                    Comment


                    • #11
                      I met with a firm two weeks ago today but after my husband dropped off the SSA, CD of records, they called and declined the case. I didn't know at that time, the Neurosurgeon's records were missing. I'm going to call that firm today and notify them of my findings...we'll see.

                      I've contacted two other law offices. One sent paper work and the other said "no" by phone. If I've been correctly informed, and there is NO back pay at this appeal level, then there's no incentive, (money), for a lawyer to take the case. I may be doing this pro se but at least now, I feel like I have a chance with the additional medical records.

                      I'll keep you guys posted as things develop.


                      Originally posted by swh2007 View Post
                      I thought you had second SSDI attorney. I personally would get one, even if I had to figure out a way to pay out of pocket. Sorry I can't help more.
                      Incomplete, SCI, T1-T8, w/ Arachnoid Cyst. Bilateral shoulder surgeries, 2 on the left, 3 on the right, right forearm surgery for a crushed radial nerve.

                      "We can always choose to perceive things differently. We can focus on what's wrong in our life, or we can focus on what's right."
                      — Marianne Williamson

                      Comment


                      • #12
                        Originally posted by Charlottes Web View Post

                        I want to find out how the Neurosurgeon's record were left out of my file. I feel certain my attorney knew the records were missing from my file before we went into the hearing! That would explain his behavior.

                        Daisy, if you're using an attorney for your hearing, make sure that sucker has the t's crossed and the i's dotted!!! Do you have a court date?

                        I am not using an attorney as my issue is not disability determination.

                        You may never know the answer as to why your records weren't in the file.
                        T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

                        My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

                        Comment


                        • #13
                          Try Morgan & Morgan out of Memphis. They usually have pretty good lawyers etc., although I don't know any, handle loads of ssdi cases as I understand it, and say they handle all of TN. Big firm with lots of offices. I'm a lawyer and I had to hire one for my own case. They were out of state and I never met anybody personally. All on the phone.


                          Worth a try. It's something with long lasting consequences.
                          2012 SCINetUSA Clinical Trial Support Squad Member
                          Please join me and donate a dollar a day at http://justadollarplease.org and copy and paste this message to the bottom of your signature.

                          Comment


                          • #14
                            Ha, I know, SSDI and SSI is a different kind of law and I'd rather have a lawyer, if I can find one to take this case. I've seen some bad cases but this one takes the cake, and worst of all it's mine!!!! The friend of mine, a Federal Judge, I thought he had retired, but he's still on the bench and ruling on these cases, SO now I can't ask him to advise me in the process! LOL and wondering if I'm unlucky or lucky! My other friends in law would need an attorney for this field too. I may just fair better with a lotto ticket!

                            I'll give the Morgan's a call tomorrow. Thanks!

                            Originally posted by swh2007 View Post
                            Try Morgan & Morgan out of Memphis. They usually have pretty good lawyers etc., although I don't know any, handle loads of ssdi cases as I understand it, and say they handle all of TN. Big firm with lots of offices. I'm a lawyer and I had to hire one for my own case. They were out of state and I never met anybody personally. All on the phone.


                            Worth a try. It's something with long lasting consequences.
                            Incomplete, SCI, T1-T8, w/ Arachnoid Cyst. Bilateral shoulder surgeries, 2 on the left, 3 on the right, right forearm surgery for a crushed radial nerve.

                            "We can always choose to perceive things differently. We can focus on what's wrong in our life, or we can focus on what's right."
                            — Marianne Williamson

                            Comment


                            • #15
                              You see a bill for $25 for records. Did you see (or can you verify) if the payment was made? That could be very important if you decide to pursue a malpractice case.

                              Comment

                              Working...
                              X