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Old 01-02-2011, 12:09 PM #11
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Dear Don, I do understnad why you are feeling bad over the denial of your benefits. I hope this situation will resolve. I think the social service agiencies are being taxed greatly. Maybe they cannot keep up with the demand, I do know it effects alot of people. I received SSD as of last April. I had been receiving SSI for some time. Two days ago, my medicade part has been denied, even though it was approved last April. I don't at all understand why. The reason given is that I qualify for SSI. I am confused about the differnent agiencies and what their requirements are. I did go through a dissability attorney, but this is still a mess for me. Lets hope the new Year brings some resolution to these things so we can get on with living. good luck ginnie
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Old 01-02-2011, 12:44 PM #12
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You have 60 days to file with the Appeals Council. They give you 5 days from the time you received the ruling. Your attorney should request the Appeal form fill that out, send it, and then he can send the brief later. Make sure he sends all you medical history, if you can try to get a couple of new MRI's if they are not up to date get blood, get new reports from your doctors or whatever you can to prove your condition. Have your attorney go over why you were turned down by the ALJ and find where the judge or magistrate was in error.
The AC reviews the correctness of the ALJ decision to see if the ALJ followed the law. The AC is not going to look at new evidence that was not available to the ALJ. The AC might decide that the ALJ should have gotten new evidence and then remand the case, but that doesn't mean that the ALJ decision was incorrect. It could still be a denial.

There is about a 2% chance that the AC will reverse the decision and a 73% chance that the AC will affirm the denial.
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Old 01-02-2011, 01:55 PM #13
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The AC reviews the correctness of the ALJ decision to see if the ALJ followed the law. The AC is not going to look at new evidence that was not available to the ALJ. The AC might decide that the ALJ should have gotten new evidence and then remand the case, but that doesn't mean that the ALJ decision was incorrect. It could still be a denial.

There is about a 2% chance that the AC will reverse the decision and a 73% chance that the AC will affirm the denial.
i see now.thanks "Janke"now that gives me and understanding on where i stand.but i guess i'll see tomorrow when i call my "SSDI"attorney.he will no doubt probably say what you just did,but he will tell me what my other options are
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Old 01-02-2011, 02:47 PM #14
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Don you can also file a new case with any new medical information you have while you also go through the Appeals council
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Old 01-02-2011, 02:58 PM #15
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just a special hello to a member here called "carrieB".miss we all here (especially me)know what your going thru and how you feel.no one to turn to or can help.were being sent here and there,with all with no results in our favor.sometime we feel we are all alone with no one to talk to,lost,despair,etc.but i have my "faith"and some kind strangers here.who listen and try to give advice and comfort.just want to let you folks know that they all are helpful and appreciated

GodBless
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Old 01-02-2011, 03:51 PM #16
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The AC reviews the correctness of the ALJ decision to see if the ALJ followed the law. The AC is not going to look at new evidence that was not available to the ALJ. The AC might decide that the ALJ should have gotten new evidence and then remand the case, but that doesn't mean that the ALJ decision was incorrect. It could still be a denial.

There is about a 2% chance that the AC will reverse the decision and a 73% chance that the AC will affirm the denial.
They do consider additional evidence, I have written two briefs myself and one was sent back to the ALJ and one was approved by the Appeals Council. I used new information to prove my clients have not gotten better in the 15 months it took to review their cases. I did help with a third Appeal but that was a survivors case and this was at the Federal Level and won.

http://ssa-custhelp.ssa.gov/app/answ...eals%20council
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Old 01-02-2011, 04:01 PM #17
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i see now.thanks "Janke"now that gives me and understanding on where i stand.but i guess i'll see tomorrow when i call my "SSDI"attorney.he will no doubt probably say what you just did,but he will tell me what my other options are
There are no factual numbers as to how many cases are sent back to the ALJ and win or how many are approved by the Appeals Council. This is done case by case , so if your attorney made some errors and you are proven disabled there should be no problem.
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Old 01-03-2011, 01:19 AM #18
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Because you cannot find the stats online, does not mean there are not "factual numbers about the number of cases sent back" to the ALJ vs those decided by the AC. Obviously, finite numbers exist.

Also as obvious is that if you are "proven disabled", you'll have no problems with the SSDI process. The tough part is in proving the disability.
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Old 01-03-2011, 11:57 AM #19
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Because you cannot find the stats online, does not mean there are not "factual numbers about the number of cases sent back" to the ALJ vs those decided by the AC. Obviously, finite numbers exist.

Also as obvious is that if you are "proven disabled", you'll have no problems with the SSDI process. The tough part is in proving the disability.
yes "Finz" i think you are right.i think what my doctor conclusion is that i can no longer do the type of work that i use to do at my old job and my union will not let me "bump' anyone there either.i cant lift anything over 10lbs is what they say.dont leave me with much.but i did call my lawyer today..finally.he was shocked as much as me of the out come..but he of course "appealed"it.he said the judge ignore a lot of info that was there.which was what suprise my lawyer.but as for me right now,im going to sign up for vocational retraining.i once took drafting 20yrs ago so i'll try for that again.anew life again starting for me at 55.and after 30yrs at lockheed,but if i can hold out 5 more yrs i think i will be ok,cause then i can retire(hopefully)
just want to say that you all were correct on your answers and thank you all again and again for your support .i knew i would find good folks here
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Old 01-03-2011, 07:57 PM #20
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yes "Finz" i think you are right.i think what my doctor conclusion is that i can no longer do the type of work that i use to do at my old job and my union will not let me "bump' anyone there either.i cant lift anything over 10lbs is what they say.dont leave me with much.but i did call my lawyer today..finally.he was shocked as much as me of the out come..but he of course "appealed"it.he said the judge ignore a lot of info that was there.which was what suprise my lawyer.but as for me right now,im going to sign up for vocational retraining.i once took drafting 20yrs ago so i'll try for that again.anew life again starting for me at 55.and after 30yrs at lockheed,but if i can hold out 5 more yrs i think i will be ok,cause then i can retire(hopefully)
just want to say that you all were correct on your answers and thank you all again and again for your support .i knew i would find good folks here
They have a tendency to leave out a lot. The rulings are written up by paralegals and what can I say some are better than others. IMO I don't like using numbers like I can't lift anymore than 10 lbs because that means you can lift a telephone, or you can drive. I like to put a time limit on how long my client can do certain tasks. Like can't sit or stand for more than 10 minutes. It takes about 15 months to get a decision from the Appeals Council. So going back to school may be a good thing. Good Luck in whatever you do.
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