[not quite right]

I had my first disability hearing on August 7th of 2014, I received the denial at the end of September. My lawyers filed with the appeals council immediately, and I have received notice that they have vacated the previous decision and remanded it back to the ALJ due to 5 aggregious errors. Does anybody have any experience with this? I feel like it's a positive sign for my approval, but honestly I just don't know. Fingers crossed.

[cakeladie]

I know people who have fought and have gone before the judge. For a few of them it has taken between 3-4 years to get approval.

One thing to keep in mind they will give you back pay, but they will not take out any taxes. So when you go to file for taxes you have to claim his money. So when you finely get awarded SSDI please make sure you put money aside so you have money to pay for the taxes.

Good luck.

Yes! That is very good. You will get another judge hearing at the least, or the judge may approve your case without another hearing.

Your lawyers should be able to give you more information about what the errors mentioned are if you want to know that.

[amandalouise]

Originally Posted by not quite right

I had my first disability hearing on August 7th of 2014, I received the denial at the end of September. My lawyers filed with the appeals council immediately, and I have received notice that they have vacated the previous decision and remanded it back to the ALJ due to 5 aggregious errors. Does anybody have any experience with this? I feel like it's a positive sign for my approval, but honestly I just don't know. Fingers crossed.

yes this is a good thing. short version somewhere in your case or paperwork there are mistakes like what your social security number is, how long you have been disabled\unable to work, your diagnosis on your paperwork doesnt match what the treatment providers filled in, ...those kinds of mistakes can cost someone to be denied their SSI disability status. by sending it back to the ALJ you now have a chance to review your documents, what your your problems are and any other mistakes that may be wrong that got you denied can be corrected and based on the new information your claim will be eityher denied again or approved.

my suggestion go through everything to make sure its the way you want it to be, verify name address, and any numbers listed, and if need be see more treatment providers on the social security list if they send you one.

good luck.

[not quite right]

They actually listed the errors in the paperwork they sent me. The first was she gave no bearing to my 8 years of medical records saying they had no credibility. the second is she didn't consider a lay statement given by my sister detailing my day to day struggles. Third, she didn't consider the statement of my former boss of 12 years explaining my inability to preform at a necessary level. Lastly, she mislead the vocational expert by giving him incomplete information, which led him to make a decision based on a hypothetical.basically she failed at every turn. I'm hoping it will be rectified.

[amandalouise]

Originally Posted by not quite right

They actually listed the errors in the paperwork they sent me. The first was she gave no bearing to my 8 years of medical records saying they had no credibility. the second is she didn't consider a lay statement given by my sister detailing my day to day struggles. Third, she didn't consider the statement of my former boss of 12 years explaining my inability to preform at a necessary level. Lastly, she mislead the vocational expert by giving him incomplete information, which led him to make a decision based on a hypothetical.basically she failed at every turn. I'm hoping it will be rectified.

yea honestly I can see why they would deny on those grounds (the non treatment provider statements) and why they sent it back a step for corrections and such. Usually SSI does not accept those things. they usually want things like actual documentation from treatment providers and also send applicants to specialists in what ever mental and physical health problems the applicant has. someone I know tried applying for SSI based on mostly non professional (non treatment provider) statements got a letter back saying ....Thank you for your interest in applying for SSI. We can not determine a persons actual disability on their mothers, sisters, brothers, and bosses statements, SSI is determined primarily on treatment provider statements of actual disability status. Please see the enclosed treatment providers should you decide to continue pursuing your application"

but they should have taken into consideration your medical records. a thought here did you get the chance to read your medical records? I do know of one case where SSI did not take someones official records in consideration... that was because a treatment provider stated in their opinion the applicant did not have the health problems that warranted applying for SSI. this basically put that treatment providers statement as invalid, can not be used in the caseworkers mind of the one reviewing the application. when this persons case got sent back a step he was able to get another doctors statement which validated their disability.

hope everything works out for you.

Sounds very likely that it will!

[seesaw]

I"m sorry you're going through this, NQR. What I've heard is that getting approved really depends on what your providers have to say to the claims adjuster. I talked very thoroughly with my doctors about my application so they all knew and understood what they needed to say (not lying just making sure they discussed my symptoms that keep me from working, etc.) I got lucky and got approved on the first try, and I didn't have any help on my application. So my advice, I guess, would be to try and get in to see your providers or call them and let them know you've filed and ask them to help you show the court/adjuster that you don't have the ability to work. (Again, I'm not saying ask your doctor to lie, but you know there are certain phrases they can use or talk about it in such a way as to highlight the fact that you can't work.)

Good luck!

Seesaw