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Originally Posted by mastoidectomy
I have had several mastoidectomy procedures over the years (inner ear), and have been left with complications, pain, nausea, facial paralysis, infections. The infections over the years has burned a hole in my ear drum as well as dissolved inner ear bones etc... I'm 44, and the pain is just gotten really worse over the last 8 years or so. I filed in 2009, had a hearing recently 2013. The ALJ in her ruling stated that I went to a clinic several times were I received "cleanings" of debris. The clinic has no ENT'S, and provides no such services, they simply provide me with pain and anti swelling medication for said mastoidectomy complications. She stated I received "cleanings" there in an effort to show that my diagnosis of symptom of otitis media "infections" is unfounded as at these "cleanings" no infection was noted. The real reason no infection was noted is because it is beyond their medical scope to even look for it let alone detect it. She completely fabricated this idea of me getting "cleanings" there as part of her ruling, it just did not occur, and she states it happened, twice!
As I said the facility simply prescribes my meds and referrals FOR volunteer ENT services, which I get maybe once a year if lucky. The ENT states as have other ENT'S, that I must see ENT at least three times a year for debriment to prevent infection, for life, and this clinic does not do these procedures she states that I received there, she made it up, from thin air!
Is an ALJ's statement of treatment "cleanings", which did not occur grounds for a remand as it is clearly a complete fabrication by the ALJ of services rendered at the clinic in question. This ALJ has gone from 60% approval down to 30% in just the last two years, she is lying, lying, lying, and is obviously brazen about it to actually insert made up facts such as these. She is so emboldened that she does not even consider that the clinic in question might not even do the "cleanings" she said I got there, she feels she can do or say anything, can she?
Any help?
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I have no idea, what does it matter if its remand eligible anyway? To gain a remand you must either prevail at appeals council which is all but impossible, or pursue a civil lawsuit in a real courtroom, either way requires you to appeal the alj's decision, incidentally you must proceed through the appeals council if you wish to file a federal lawsuit anyway, a process that will likely eat up nine months more of your time.
Often as in both of my appeals council appeals, the council will just sit on your appeal for a year, then notify you that they will not review the decision no matter what, which is so outrageous it defies all rational response....
Bottom line, to garner a remand, you must proceed on through the system, a process that easily could tack on an additional 4-5 years of anguish and despair...