No medical exam, incomplete records

Hopeless · 06-17-2013, 08:33 AM

Quote:

Originally Posted by finz

That stinks !

I needed my lawyer to follow up on all that kind of stuff, to make sure my record was complete and that te documentation fully described me disability.

After being denied, and seeing that the main condition for which I applied and some medical records, (which I had submitted) were not listed in the denial letter, I contacted SS in writing asking for a copy of my complete file. NO response. Again, I requested in writing, via Certified Mail, NO response. Again, wrote requesting copy of my complete file. Finally, a response. A letter saying they were enclosing a copy of my denial letter, and they included the medical records THEY had acquired, none of the ones I submitted. NOTHING else. I thought I was entitled to my "COMPLETE" file which they consistently refuse to give me. How am I to prepare for my hearing before the ALJ without it? I have since obtained an SS atty. I have no heard from him since our initial meeting authorizing him to represent me. I will be contacting him this week for any updates.

LIT LOVE · 06-17-2013, 10:30 AM

Quote:

Originally Posted by Hopeless

After being denied, and seeing that the main condition for which I applied and some medical records, (which I had submitted) were not listed in the denial letter, I contacted SS in writing asking for a copy of my complete file. NO response. Again, I requested in writing, via Certified Mail, NO response. Again, wrote requesting copy of my complete file. Finally, a response. A letter saying they were enclosing a copy of my denial letter, and they included the medical records THEY had acquired, none of the ones I submitted. NOTHING else. I thought I was entitled to my "COMPLETE" file which they consistently refuse to give me. How am I to prepare for my hearing before the ALJ without it? I have since obtained an SS atty. I have no heard from him since our initial meeting authorizing him to represent me. I will be contacting him this week for any updates.

I believe the problem is one of procedure. You are supposed to call your local office (or write a request) to view your file. SS locates it, and then sends it to either your local office or if it's already at the ALJ offices, you must go there. You can take copies of the file for free. If you're unable to manage the copying yourself, you can bring someone to help you.

I don't believe they have a legal requirement to do the copying for you and mail it. Whether or not, the copies you gave them are in the file? Someone perhaps made a judgement call not to spend their time copying something they figure you already have. Or maybe, it truly was lost?

Have you researched the grid rules? The standards for approval over age 55 are significantly lowered.

LIT LOVE · 06-17-2013, 10:36 AM

Hopeless,

It's also easier if you start a new thread rather than adding bits onto other people's threads if you still actively need help, and that way it also doesn't derail the OP's thread.

fbodgrl · 06-17-2013, 09:39 PM

Quote:

Originally Posted by fbodgrl

I sent all the info to the people representing me ( provided by my LTD insurance company). I haven't heard back, which is frustrating! I've been having additional health issues and been dealing with some other stuff so I back burnered it. I'm going to follow up this week.

On another note ....I got more information on my state Medicaid that the ALJ decision sided with me. They now say I am disabled (since the ALJ said I am), but now they say because my LTD payments I only am eligible for a deductible based program. My deductible us $1572 a MONTH! I am getting SO angry! This basically does not help me at all. According to the DHS representative it is based on my income alone and it doesn't matter that I need to eat, pay a mortgage, utilities, etc. I just can't believe how ridiculous this is! Also they aren't reimbursing me ( which the ALJ back dated to July 2012 when I applied)

Ugh...now maybe 1 1/2 months after the ALJ deaming me disabled and getting approved for Medicaid I get a denial for not meeting my deductible for at least 1 of the last 3 months. I haven't even had the paperwork for 3 months! I tried to call my case worker. Called 3 times and no return phone call...just makes me furious. Now the only way to get answers is to request another hearing AGAIN!

The company handling my SSDI claim is preparing a pretrial brief. I guess they use all the medical records and information they got from me. Write a brief and present it. The hope is that it will then get approved before/without a hearing. Has anyone had experience with this?

Hopeless · 06-17-2013, 11:29 PM

Quote:

Originally Posted by LIT LOVE

I believe the problem is one of procedure. You are supposed to call your local office (or write a request) to view your file. SS locates it, and then sends it to either your local office or if it's already at the ALJ offices, you must go there. You can take copies of the file for free. If you're unable to manage the copying yourself, you can bring someone to help you.

I don't believe they have a legal requirement to do the copying for you and mail it. Whether or not, the copies you gave them are in the file? Someone perhaps made a judgement call not to spend their time copying something they figure you already have. Or maybe, it truly was lost?

Have you researched the grid rules? The standards for approval over age 55 are significantly lowered.

I read in the NOLO book that one's complete file is put into electronic media and you can obtain a copy in CD format. When I "called" my local SSA office, they told me that a CD was a recording of the ALJ hearing. When I first consulted a disability attorney, they told me that I could obtain my complete file from SS on a CD. After the initial meeting with that particular law firm, I sought advice and have signed with a different atty. (First firm and I did not see eye to eye and I did not feel that I could work with them.) That is a long story.

What am I entitled to in order to prepare for my ALJ hearing? The date has not been set yet and is months away due to backlog but I do not want to be unprepared due to lack of time.

Hopeless · 06-17-2013, 11:38 PM

Quote:

Originally Posted by LIT LOVE

Hopeless,

It's also easier if you start a new thread rather than adding bits onto other people's threads if you still actively need help, and that way it also doesn't derail the OP's thread.

I am not very internet savvy. This is my first time using a forum. Not familiar with them at all nor the terminology. Just beginning to figure out what a "thread" is and I did post a new thread that has NO responses.

Hopefully, I will get the hang of this soon. Thanks for your advice. My apologies if I am not doing things correctly. Not only is my body getting OLD, my computer is old also, a desktop model, and NO wireless anything. Not only am I a bit antiquated, my technology is also.

Thanks for your patience with me. (And your help.)

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