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02-13-2011, 01:56 AM | #1 | ||
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I have found this on the SSA site. According to SSA rules, I should have been offered the option to file a Form SSA-561-U2 when I was denied. This is for the immediate reconsideration of my claim by someone other than the one that denied me in the first place. This is the first step in the appeal process. My lawyer knew about it and said that Alabama don't allow this form. Why is this? My understanding is that the rules and regulations governing an SSDI appeal are set by the federal government. Not by the state where you apply. What makes Alabama different? I called the SSA office and they said they knew nothing about this Form SSA-561-U2. I also found that Alabama was one of the "Pilot States" to start using this form in the beginning. This makes me feel like I have had my rights violated. I can not believe that SSA here in Alabama said they knew nothing about it. I just emailed my congress woman. This has got me really and truly PO'd.
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Best of luck Don't let life’s ups and downs get you down. Get on one of the ups and hang on like a big dog!!!! Last edited by Rickey; 02-13-2011 at 02:13 AM. |
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02-13-2011, 09:45 AM | #2 | |||
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the reconsideration stage was eliminated in a few states as a pilot program. NY where i live is one of them. maybe alabama is too.
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02-13-2011, 10:10 AM | #3 | ||
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Quote:
I still don't understand it. If this is a policy set forth at a federal level, how can I be denied the use of it at a state level? Whether it's New York, Alabama or any other state. The SSA site plainly states that this is the very first step in the appeal process, this is an SSA policy. How can Alabama SSA deny the use of a federal SSA policy? I'm sooo confused. I honestly believe that each state makes up their own rules depending on the claim they are working on just to delay the obvious outcome.
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Best of luck Don't let life’s ups and downs get you down. Get on one of the ups and hang on like a big dog!!!! |
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02-13-2011, 07:48 PM | #4 | |||
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it was SSA that made up the pilot program not the states. SSA picked which states to test it in. The theory behind it is that not many people are approved at the reconsideration level so many consider it a waste of time. This way the resources would be used to speed up the time it takes to get to the ALJ level instead. I know i wasnt too happy about that when i went through it.
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02-14-2011, 05:11 AM | #5 | ||
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I think I have found another flaw in there so called rules and policies. I found on the SSA site the rules the review board must follow when making a decision on a persons claim. The regulation states that the review board must consider ALL medical problem listed on the claim. They absolutely, positively DID NOT do this on my claim according to my lawyer. This is their own policy and they did not do it. I requested a copy of the medical profile that SSDI has on me about 6 or 8 weeks ago, I haven't received so much as a post card from these gluteus maximus wipes. I have the right to see what they have on me but they will not send it to me.
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