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-   -   Appeal Under Review/Reconsideration (https://www.neurotalk.org/social-security-disability/250611-appeal-review-reconsideration.html)

Alice P 01-14-2018 12:16 AM

Appeal Under Review/Reconsideration
 
I'm at reconsideration and this is the message that is on my SSD webpage as of yesterday :

Appeal Under Review

A medical decision has been made and we are working to process your decision. A Social Security Representative may contact you directly if we need any additional documents or information.

After I saw this message I called the 800 # and was told that a decision was made, I would be getting a letter soon and that my case was sent back to the local office.

I called the local office and asked to talk to my case worker, the woman who answered the phone told me that my case isn't assigned to anyone and that I don't have a case worker ??? She then told me that my case was denied .

I would like to know if anyone knows what Appeal Under Review means, is it common to not have a case worker and can a case be under review and denied at the same time .

Smiley12822 01-14-2018 02:37 PM

Quote:

Originally Posted by Alice P (Post 1257519)
I'm at reconsideration and this is the message that is on my SSD webpage as of yesterday :

Appeal Under Review

A medical decision has been made and we are working to process your decision. A Social Security Representative may contact you directly if we need any additional documents or information.

After I saw this message I called the 800 # and was told that a decision was made, I would be getting a letter soon and that my case was sent back to the local office.

I called the local office and asked to talk to my case worker, the woman who answered the phone told me that my case isn't assigned to anyone and that I don't have a case worker ??? She then told me that my case was denied .

I would like to know if anyone knows what Appeal Under Review means, is it common to not have a case worker and can a case be under review and denied at the same time .

Hi Alice,

Did your appeal go to a hearing to be presented in front of a judge? I would recommend taking your case to an attorney.

Appeal under Review means just that, your appeal is being reviewed. Hope this helps.

~Amy~

Alice P 01-14-2018 05:12 PM

Quote:

Originally Posted by Smiley12822 (Post 1257544)
Hi Alice,

Did your appeal go to a hearing to be presented in front of a judge? I would recommend taking your case to an attorney.

Appeal under Review means just that, your appeal is being reviewed. Hope this helps.

~Amy~

Hello Amy,

There was no hearing because my case is at the reconsideration stage. I do have an attorney (I hired her after the initial denial) and as soon as we get the denial letter she will file a request for a hearing with an administrative law judge (ALJ).

My attorney said that the wait for the hearing is 17 mouths, so I figure between waiting for the denial letter, waiting for the hearing and waiting for the decision from the judge I'm looking at 20+ months.

My attorney said we would request an On the Record (OTR) as well.

So its all just wait and see right now.....


The Appeal Under Review is confusing because I was told that it was denied, so if its denied why would it need to be reviewed ?

Thank you for responding

LIT LOVE 01-15-2018 04:03 AM

Apparently the "Appeal Under Review" notation is shown after a decision has been made, but doesn't mean anything else. There is a different message shown when a decision goes to QR.

Mz Migraine 01-15-2018 01:30 PM

Quote:

so if its denied why would it need to be reviewed ?
Why not ask your attorney? :confused:

:hug:

Alice P 01-15-2018 02:26 PM

Quote:

Originally Posted by Mz Migraine (Post 1257611)
Why not ask your attorney? :confused:

:hug:

I will be talking to her tomorrow. When I called her on Friday, she gave me a lot of information and I didn't think to ask her what it means.

echoes long ago 01-15-2018 03:59 PM

it sounds to me like they just didnt update your page yet....it was under review is now denied and the page hasnt been updated to reflect that.

Alice P 01-15-2018 05:46 PM

Quote:

Originally Posted by echoes long ago (Post 1257616)
it sounds to me like they just didnt update your page yet....it was under review is now denied and the page hasnt been updated to reflect that.

This is a copy of the update :

Current Status
Step 2 of 3

Processing
01/12/2018
Appeal Under Review

A medical decision has been made and we are working to process your decision. A Social Security Representative may contact you directly if we need any additional documents or information.

07/24/2017
The Disability Determination Service for your state started processing the medical portion of your appeal.

07/21/2017
We started reviewing your request for an appeal.

07/21/2017
Your request for an appeal was submitted.

07/21/2017
Your online appeal was started.

As I said in my OP I called the 800 # and was told that a decision was made, I would be getting a letter soon and that my case was sent back to the local office.

I called the local office and asked to talk to my case worker, the woman who answered the phone told me that my case isn't assigned to anyone and that I don't have a case worker ??? She then told me that my case was denied .

So, the update happened on the 12th and I was told that I was denied on the 12th.

LIT LOVE 01-15-2018 07:31 PM

The language online is standard, if confusing. The denial letter will be mailed and posted online as well.

It is correct that you are not assigned a case worker at the local office. You will submit your appeal and essentially be in limbo waiting for an ALJ to be assigned. SS was having Senior Attorneys review files for OTR decisions a few years back, but I'm unsure if that's continuing. You should ask your attorney when she will file an OTR request, because most seem to wait until right before a hearing will be scheduled.

Alice P 01-15-2018 07:59 PM

Quote:

Originally Posted by LIT LOVE (Post 1257632)
The language online is standard, if confusing. The denial letter will be mailed and posted online as well.

It is correct that you are not assigned a case worker at the local office. You will submit your appeal and essentially be in limbo waiting for an ALJ to be assigned. SS was having Senior Attorneys review files for OTR decisions a few years back, but I'm unsure if that's continuing. You should ask your attorney when she will file an OTR request, because most seem to wait until right before a hearing will be scheduled.

Thank you for clearing that up for me. I was quite shocked when I was told that I did't have a case worker at the FO. lol

Do you know if a person has to have new medical evidence to go OTR ? And if so does it have to pertain to the original claim ? I was just DX with degenerative disc disease so I wonder if I could use that to go OTR .


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