I'm not sure if anyone will remember my dilemma, but I'm just looking for a little more advice.
I have an appeal in at the Appeal Council, sent a few weeks ago. I was denied at Step 1 by the judge for part-time work activity that, although under what is considered SGA, the judge called substantial and did not include an UWA. My part time job has since ended per a doctor's note stating that I cannot work.

I know the Appeal Council will only accept evidence that pertains to dates leading up to the hearing . My employer is providing a letter stating that my work was sheltered and much accommodate. I have called my lawyer's office to inquire what I should do with this letter but, once again, they have not called me back. I don't know if I can just submit this letter to the AC on my own accord. I would think if the lawyer sent a letter with it, stating that had the judge followed through with her evaluation then she would have been able to see that my work was not substantial. I'm just not sure if I should send this info along myself. Any thoughts?? I often feel like I'm an annoyance to my lawyers helper.

Fax it your attorney's assistant along with a letter explaining the urgency. If she doesn't respond within a few days, send it by certified mail to your attorney.

Good luck.

Visit your attorney's office & hand deliver the letter directly to your attorney and/or his/her paralegal. Ask them to make copy. You get the copy.


FWIW: You can always hire another attorney if you are not satisfied w/your current one. After all, you do not work for them, the attorney works for YOU!



Good luck!

puppy,i think you are finding out the hard way how working even part-time and below the sga guidlines can interfere with one's ability to try and win ssdi benefits.as i mentioned in a previous post i was working a part-time job for about 9 month's well under the sga limits which for 2011 is ($1000.00) i think and i was earning on average about $850.00 per month and my benefits were still stopped because according to social security even though i was earning less than the sga limits they still determined that since i was able to hold a job for that length of time that my condition cannot be considered "severe" enough to be considered disabled under social security rules..as you know iam appealing the decision and recieving benefits as well until the appeal is over.

Easier said than done! I do not advise firing a SSD attorney before finding a new one. It is often difficult to impossible to hire a 2nd attorney since they're forced to split the fee. If they drop you as a client, then you're free to move on without issue. Just stressing that a matter is urgent--or not allowing them to ignore you by documenting your request or even showing up at their office will in all likelyhood resolve the issue.

documenting as in a certified letter return receipt requested is a key to proving you sent it and who received it and when

Thanks for the clarification!

I'd send the assistant an urgent fax and give her a few days to respond. Then, I'd send a copy of the fax CMRRR (green postcard) addressed to your attorney, not just the law office. If you decide to try and hire a new attorney, documentation that they've neglected your case might help get their fee reduced or forfeited--but I doubt it'll be necessary. The fees are so low, they tend to overextend their staff and those who gripe the loudest get the most attention.

Thanks (again) all,
It helps to know when I have a question there are people willing to try to help me. I got the letter from my employer and took a copy in person to my lawyer's office. I did get a call back stating that if the employer could go into more detail about my accommodations it would be more beneficial, which I agree after reading the letter. So now I have to call or e-mail them yet again to ask for a revision of the letter I guess all they can say is no, right? I was thinking wouldn't it be prudent for the lawyer to be making this contact with the employer so she can ask the questions and get the answers that would help me. Go figure... I feel like I'm still working with doing all this.
I am just so tired of thinking of this and fighting this after 2+ years... I need to figure out a healthy balance because I have done nothing but gone downhill since my denial.

Yes, it would be helpful for your attorney to give your employer specifics. Since you were working from home, it seems kind of tougher than normal to document...

Coping with the idea of a severe, long term (or possibly permanent) disability is very stressful. Along with the financial strain, you'll be more isolated and lose part of your identity.

When you say you're not doing as well, is this due to depression and anxiety? Meeting with a therapist to help you with this difficult transition is something to consider!

Have you checked into unemployment?

You need to find new ways to positively fill your time.

Perhaps join a local support group with others that share your health problems?

So, is your attorney agreeing that you should submit this to the Appeals Council? Or is she assuming your preparing for the remand?

Part of my objection to your attorney's appeal, was that I felt she was expecting the ALJ to do her job, "...then the judge was suppose to at the very least contact my employer or an agency to determine if my work is comparable to that of unimpaired individuals to come to a determination that it was substantial." Maybe this is the norm, I don't know. But as a pro se applicant my attitude was that the burden of proof was solely my responsibility, and IMO she should have provided this documentation (or told you to) PRIOR to your ALJ hearing.

It's my understanding that you can only address the ALJ's legal errors in the appeal...