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Old 06-30-2013, 11:31 AM #1
Abuchanan978 Abuchanan978 is offline
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Default Denied at Remand Hearing...

Long Story Short. i first applied for Social Security Disability in 2008 or 2009. kept getting dedied up to the Hearing stage. got denied at Hearing. case got Remanded do to the ALJ not going through my actual Medical Documentation, only the doctor's that they sent me to. so at the beginning of this month (June 2013) and thought everything was going to be fine.had the Lawyer and all medical documentation supporting my claim(Diagnosed with Bipolar, intermitant explosive disorder, Social Anxiety, Depression, and possible PTSD). got the Denial only about 3 weeks later. a bit early in my opinion. in the denial letter there is a whole lot of talking about all the documentation from the doctor's they sent me to 4 years ago, and not much about what they have now from "my doctor's". but enough with the blah blah blah, i was wondering what my chances are now. my lawyer told me to get letter's from my psychologist, and Psychiatrist, stating what my diagnoses are , what they mean, how the effect people, and how they have effected me. and why they make it where i cannot work.
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Old 06-30-2013, 01:04 PM #2
Hopeless Hopeless is offline
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Hi,

I am so sorry to hear your plight. I am anxious to hear what members will have to say concerning your situation. I was recently denied on my original application. My file states that the most recent medical documentation and information is more than 18 months old. At the end of my file is all my medical records from last year and this year. I just asked my attorney to contact me as I do not understand how medical records dated February 2013 can be more than 18 months old when it is June 2013 NOW.

I hope other members will be able to give you some help and insight. Good luck to you.
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Old 06-30-2013, 05:27 PM #3
LIT LOVE LIT LOVE is offline
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Quote:
Originally Posted by Abuchanan978 View Post
Long Story Short. i first applied for Social Security Disability in 2008 or 2009. kept getting dedied up to the Hearing stage. got denied at Hearing. case got Remanded do to the ALJ not going through my actual Medical Documentation, only the doctor's that they sent me to. so at the beginning of this month (June 2013) and thought everything was going to be fine.had the Lawyer and all medical documentation supporting my claim(Diagnosed with Bipolar, intermitant explosive disorder, Social Anxiety, Depression, and possible PTSD). got the Denial only about 3 weeks later. a bit early in my opinion. in the denial letter there is a whole lot of talking about all the documentation from the doctor's they sent me to 4 years ago, and not much about what they have now from "my doctor's". but enough with the blah blah blah, i was wondering what my chances are now. my lawyer told me to get letter's from my psychologist, and Psychiatrist, stating what my diagnoses are , what they mean, how the effect people, and how they have effected me. and why they make it where i cannot work.
Your attorney's explanation of what you need is accurate. He should have had made sure you had it before the hearing though... He want this incase he wins the appeal (ALJ has to have made a legal error) and your case is remanded again.

Having a mental RFC form completed by one of your docs would be a good idea as well. http://www.ultimatedisabilityguide.com/rfc_forms.html
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Old 07-01-2013, 08:10 AM #4
Abuchanan978 Abuchanan978 is offline
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yeah. i think both of my doctor's filled that out.
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Old 07-03-2013, 11:31 AM #5
bretd bretd is offline
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Quote:
Originally Posted by Abuchanan978 View Post
Long Story Short. i first applied for Social Security Disability in 2008 or 2009. kept getting dedied up to the Hearing stage. got denied at Hearing. case got Remanded do to the ALJ not going through my actual Medical Documentation, only the doctor's that they sent me to. so at the beginning of this month (June 2013) and thought everything was going to be fine.had the Lawyer and all medical documentation supporting my claim(Diagnosed with Bipolar, intermitant explosive disorder, Social Anxiety, Depression, and possible PTSD). got the Denial only about 3 weeks later. a bit early in my opinion. in the denial letter there is a whole lot of talking about all the documentation from the doctor's they sent me to 4 years ago, and not much about what they have now from "my doctor's". but enough with the blah blah blah, i was wondering what my chances are now. my lawyer told me to get letter's from my psychologist, and Psychiatrist, stating what my diagnoses are , what they mean, how the effect people, and how they have effected me. and why they make it where i cannot work.
I am not sure if I even know what all of this means, and I am on my second trip to the appeals council. When I was denied last and I talk to my Lawyer I told him I am seeing a shrink and ask him won't that help and he told me not unless you can get this DR. to go back thru your records and give an opion for the time the appeal is for. So what I understand is that the Judge gives an order on the date you applied up until the date of the hearing, and that everything after that is not as important. Unless it goes along with the original issues. Now I could be totally wrong so don't take it to the bank. Maybe someone will have more insight. GOOD LUCK.
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Old 07-03-2013, 08:23 PM #6
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I am not sure if I even know what all of this means, and I am on my second trip to the appeals council. When I was denied last and I talk to my Lawyer I told him I am seeing a shrink and ask him won't that help and he told me not unless you can get this DR. to go back thru your records and give an opion for the time the appeal is for. So what I understand is that the Judge gives an order on the date you applied up until the date of the hearing, and that everything after that is not as important. Unless it goes along with the original issues. Now I could be totally wrong so don't take it to the bank. Maybe someone will have more insight. GOOD LUCK.
New evidence is important for after the remand--but it won't help for the appeal.
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Old 07-04-2013, 07:27 AM #7
Abuchanan978 Abuchanan978 is offline
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yeah, crappy thing is that it was definitely proven that the ALJ does not like to go against his original decision. so this time it goes to the Appeals board once again for a on the record decision, if they do not approve me then it can go to court for lawsuit. i need to go through the denial and highlight everything that doesn't seem correct. its how the first time i found out that he didnt go through new evidence at the time. hoping he did the same thing time, so that i can get that Fully Favorable Decision this time.
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