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Old 12-12-2009, 10:19 AM
justmythoughts justmythoughts is offline
Junior Member
 
Join Date: Dec 2009
Posts: 6
10 yr Member
justmythoughts justmythoughts is offline
Junior Member
 
Join Date: Dec 2009
Posts: 6
10 yr Member
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Let’s break this down into little pieces.

Don’t know how you indicted your X’s new husband’s address was the place to send mail but SSA does not have the capability to pick addresses out of the air. You gave it to them at some point – possible as an alternate address, perhaps you indicted your X was a contact person or offered her as someone to help you or…or… She probably received a duplicate of the letter sent to you and for one of many reasons you never received the original. This is water under the bridge now – forget it. Just make sure they have your proper address now.

Your assertion that you did not mention depression in any of your claims means one of two things: 1, it is an error – forget it, or 2, your medical records, or the daily function form or some other correspondence showed indications of depression. Perhaps you mentioned it to a treating doctor or at one time you were prescribed some medication frequently used to treat depression. Again – forget it.

As Janke suggests -somehow the words and the music are not together. The restriction of function from MS you describe closely approaches the criteria listed in the SSA “Blue Book” This forum will not allow links to be posted so Google "SSA blue book" and go to section 11.09 (Yes, it will bounce you around a bit but this is what SSA uses.) It is possible that a disability examiner may have missed something in your records, but two missing documentation of the things you list? Not likely. Somehow, some way, something was missing from your medical file and your allegations were not supported by the medical evidence available to the disability examiner(s).

At this point you have two options and it appears you have chosen one – appealing and asking for a hearing before the Administrative Law Judge. The other option would have been to start a new initial claim but this would mean you could not get benefits back to the original, alleged, onset date.

Your next step should be to go to your treating doctor(s) and ask a simple letter be written stating how your MS affects your ability to function. Sample: I have treated richjack4 for a variety of conditions including Y, Z, & MS since 9999. Because of these conditions richjack4 has the following functional limitations: 1; 2; 3; 4. These limits are supported by my observations of his…and the following objective findings: A; B; C…

If the findings in this letter clearly support your meeting the provisions of one, or more, sections of 11.09 you may not have to give a lawyer up to $6000 but that is your choice. If you feel you have been beaten up by the system or feel intimidated by the thought of talking to a real live judge, get a lawyer to help present your case.

Either way, you should step back and look at your situation as emotionlessly as possible. SSA sees so many crying, whining, bitching, people that this type of behavior is, at best, ignored. At worst... SSA is looking at their rules, not your wants. Help them by stating only previously documented, facts.

You may want to have someone who knows about your ability to function write a letter describing his/her observations about your ability to function. Alternatively, this person may complete a specific form that SSA uses. (Google "SSA-3380" for a sample.) This, and the letter from your doctor(s), can be sent to the ALJ as soon as you receive notice that the judge has received your application for a hearing. If the judge does not make a decision before the hearing and there is significant time (6 months) until the hearing is actually held, you may want to update your file w/a new letter from your doctor(s) and new documentation of your ability to function.
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