Let me start at the beginning...I had filed for Disability due to CFS/ME and depression. I was denied the first time. I decided to get an attorney to help me with this. Then I was denied the next three times (including the one with the ALJ at the hearing). I then receive a call from my attorney saying that he didn't think we could win at the Federal Courts so he said he would no longer represent me. I was o.k. with that...Until (drum roll)

I went over all the medical records, the CE (physician they send you to)(I did not know that you can decline the one they send you to. The one that I had has a bad reputation in the community re:his work for SSA/DDS, I could have requested a different one, but was not told that at the time. However, I was told that if I didn't go I could be denied for benefits), and the judgment from the ALJ's hearing).

In that I have discovered numerous errors(at least 10-15) in what is stated by the ALJ's decision, the Vocational Experts decision and the work from the CE that I went to. I have validated doctors reports that state otherwise at the same time all this was going on. But it doesn't seem like they took that into consideration. It looks as if all they did was use the CE results. Even in the Vocational Experts paperwork, she contradicts herself.

I am very upset. I don't know what to do. I know that if I begin the process all over, that they will still look at my previous claim.

Does anyone have any suggestions/ideas/comments? I would appreciate all your comments.

Thank you in advance.

Missy

What about highlighting the mistakes and then on another paper label them 1,2,3 or a,b,c and just go down the document with the clarification or explanation of why the document is wrong and state the corrected information as you see it?

then send or fax it back to the "court/judge/gov" ? maybe all of those listed?

especially if you have something {papers, test results etc} to prove your side.
Do you have copies of dr notes/medical records, PT notes, tests/results?

sounds like it is quite a bit like Work comp - it helps to have your own set of papers in case things get lost or ignored.

Jo55 - Yes, I do have all my doctors notes, test results and even statements of why I can't work. I will call them to see if I can do what you have suggested.

Thank you.

All comments/ides/suggestions would be greatly appreciated.

Thank you in advance.

Missy

Im sooo sorry about the way you have been treated.

I was wondering if you have done the remand hearing yet? I went to court 2 times, appealed the first decision, and the appeals council remanded me back to the to the ALJ. The only draw back is that you go back to the same ALJ the rendered the first denial.

Maybe they have taken that step out, im not sure, but I do know when you are this stage you can file a new claim as you fight this the current one.

Dont give up! That is exactly what they want you to do.

I would find a lawyer that would take the case to federal court and at the same time file a new case. You can take all the paper work you have that contradicts the medical records with you when you meet with them. I think that is a very good idea to list all the mistakes and to list under each mistake the corrected information. That makes it much easier to get a grasp on the mistakes that were made by all three.

The only problem is - that due to my physical and emotional inabilities, I have not been able to look at all the information I received within the 60 days of the last denial(Appeals Court/ALJ). I missed it by 9 days. I saw where you can write them and get an extended amount of time listing the reasons why. I have been trying to call my local social security office to get verification of this and all the information. Of course being Monday they are very busy and I can't get through.

I have nothing to lose in writing this letter, so I might as well write it and see if I can get the extended amount of time to appeal to the Federal Courts. The only concern I have is "Should I go to the Federal Courts unrepresented"? Does anyone know of anyone who has done this? I have already spoken to the attorney that I previously had and he said he has too many cases to take on another one. While I understand this, I was a client previously and I feel that he could have argued the same points that I am if he had looked at the information. But whatever...

Please if anyone has anymore suggestions/ideas/comments, I would appreciate them. I thank you all in advance (and those who have already commented) for all your help. I don't what I would do w/o you guys to get me by day by day.

Thank you all...
Missy

just bumping up...

I agree. I have one case that is still outstanding after being denied by ALJ. BUT, my newer claim (filed June 07) was just approved.

So.. find a new lawyer and file a new claim (and keep the old claim still active).

Kiya

Well I wrote the letter back in July asking for an extension to file with the Federal Courts. I just received a letter back on Saturday saying they are giving me an additional 30 days to file. So I am going to take in all your suggestions. I am going to find an attorney to file to the Federal Courts and I am going to refile a new claim. It can't hurt anything.

I just have one question. When I refile, will my benefits start at that date or will it still be with the original date of file (that may still be held up in the Federal Courts)?

If any one can answer that ?, please let me know and I can use all prayers and best wishes at this time.

Missy

Well I wrote the letter back in July asking for an extension to file with the Federal Courts. I just received a letter back on Saturday saying they are giving me an additional 30 days to file. So I am going to take in all your suggestions. I am going to find an attorney to file to the Federal Courts and I am going to refile a new claim. It can't hurt anything.

I just have one question. When I refile, will my benefits start at that date or will it still be with the original date of file (that may still be held up in the Federal Courts)?

If any one can answer that ?, please let me know and I can use all prayers and best wishes at this time.

Missy