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Old 03-14-2007, 11:08 AM
Dan M. Dan M. is offline
Junior Member
 
Join Date: Mar 2007
Posts: 8
15 yr Member
Dan M. Dan M. is offline
Junior Member
 
Join Date: Mar 2007
Posts: 8
15 yr Member
Default Again that's true but......

If you research the appeals process after the ALJ, the Appeals Board and Federal Courts overturn less than 1% of the cases brought to those levels. There has to be a glaring error made by the ALJ to get your ALJ decision overturned. It isn't the number of people that appeal to those levels that make up the statistics, it is based on the number of cases overturned. Sure you have the right to appeal, I'm not saying you can't but after waiting 4 years just to get to the ALJ plus an additional 2 years to get to the Appeals Board and 2-3 more years to get into Federal Court, that make close to 9-10 years. What are you doing in those 10 years to survive? The system is horrible and must be changed and as been pointed out it is slowly changing region by region. I will be on Social Security because of my age before all of the changes are implemented......I'm 49. Starting from ground zero is another option of course and with additional medical data is definitely the thing to do but again get a lawyer or advocate and let them do the paperwork. They know what to get, how to word the attached summary, how it affects your ability to work, etc. Understand that when you resubmit...you start from the first level of consideration and wait another 4 years to get to the ALJ. If you're willing to do this and have the resources...go for it! All I'm saying is go to the doctors often (preferably specialists), have them prescribe medications for your ailment, tell SS how the medications make you feel and what side effects they produce and on....and on...and on while you are going through the system the FIRST TIME! SS statistics are extremely misleading when they portray that some files are approved at the first, level or the second level. These cases are cases that have situations that a doctor will emphatically state that it is ultimately terminal. Cancer. If you read the SS manual, even people who have lost a limb, an eye, have had strokes have been denied because SS states there is a job that they could do. Example a person who loses an eye...he could be a parking attendant, a person who loses a limb could work in the Post Office...so you get the picture and how SS substantiates the approvals and denials at Congressional hearings. Everyone needs to understand...this is the Government!! They like paperwork and the more of it the better. Think about it. If you are a SS employee and you have two files in front of you...one with little supporting documentation or one that is 4 inches thick, which would you really read? The smaller one gets read quickly and often will lose at the first level, the second level, the ALJ, The Appeals board and Federal Court.....Bang 10 years. Same file resubmitted 8 years. Now, the other file, the inches thick and growing thicker at every level...do you really think the ALJ has time to sit and read a complete medical file that is, by now 6 inches thick? I think not. He'll read the summary and the data submission list...which is two pages ask a few questions of the VE and you and your rep and make his decision...normally "fully favorable".....In 1-4 years, you have won your case. I'm not a lawyer nor an advocate for any company, I'm just a guy who has been ill and has researched this in great detail.
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