MDJunction - People Helping People
 
Ask a Question
10/14/2013 10:22 AM

ALJ denial

theatremom
 
Posts: 15
New Member

So you were right, LostinCyberspace, I did get denied at the ALJ level, and I'm sorry to say, I just lost it. Ended up, once again, in the hospital for suicidal ideation and self-harm, and was gone for nearly two weeks. It's very frustrating, because being hospitalized doesn't help me figure out my next move.

From reading the judge's decision, it appears that either my records were incomplete (although I signed all the releases), or the judge didn't read the record carefully. For instance, he says in his decision that I've had 1-2 hospitalizations in the last 2.5 years, when in fact, I've had eight. He also asked NO hypotheticals of the VE during my hearing, but consulted one in July, 4 months after the hearing; my lawyer wasn't present and so wasn't able to ask questions or refute what the VE said.

Right now, I'm just trying to gather ALL of my medical records myself and find a new attorney, since mine won't help me moving forward. I don't know if I should appeal the decision or file a new claim.

Thanks for all the support, guys.

Reply

10/14/2013 10:36 AM
ElvisPresley
ElvisPresleyPosts: 2885
Group Leader

Were you filing for SSDI or SSI? If its SSDI and your credits have not expired i would just file a new claim, if its SSI then I definitely would file a new claim since the most you can get on SSI is 12 months back pay. But before you file make sure you have every bit of your medical records and a doctor who is backing your claim.

10/14/2013 11:55 AM
theatremom
 
Posts: 15
New Member

I filed for both SSDI and SSI; my credits don't expire until Dec. 2014. This week, I'm working on gathering every scrap of my medical records (I can see now it was foolish not to do this in the first place) and looking for a new attorney.

10/14/2013 01:37 PM
LostInCyberspace12
LostInCyberspace12  
Posts: 9910
Group Leader


he says in his decision that I've had 1-2 hospitalizations in the last 2.5 years, when in fact, I've had eight. Yeah, it sounds like records were missing. He also asked NO hypotheticals of the VE during my hearing, but consulted one in July, 4 months after the hearing; my lawyer wasn't present and so wasn't able to ask questions or refute what the VE said.
I wonder why he waited until after the hearing?Right now, I'm just trying to gather ALL of my medical records myself and find a new attorney, since mine won't help me moving forward. I don't know if I should appeal the decision or file a new claim.That is a tough call theatremom. I would personally do as Elvis suggested and file a new claim. This must be really depressing. The thought of having to start all over must be somewhat overwhelming. If you were to appeal after an ALJ denial, you definitely need a lawyer who has reviewed things and thinks you have a good basis for appeal and it looks like your old lawyer has abandoned you. Good luck theatremom. Personally, I think I would start over. Are you still seeing a doctor on a regular basis?


Post edited by: LostInCyberspace12, at: 10/14/2013 01:39 PM

Post edited by: LostInCyberspace12, at: 10/14/2013 01:40 PM

10/16/2013 10:28 AM
twodays
twodaysPosts: 559
Member

I have no good advice. I just feel for you, because I'm in me-too situation. After my ALJ denial, they sent my case for review to a federal level, and now I can't move until the feds make some decision, and there's the usual family despair in the meantime.

Good for you on going proactive! I had a schmuck representative the first time too, and I like my new rep better. Somebody lost my medical records, so I got to file a HIPPA complaint. That felt great. I disagree with people who say revenge doesn't solve anything, or the two grave schtick. I hold each little pearl of justice received in my heart to keep me warm on the roads ahead. I digress.

Good for you on going proactive! You can do it! For mental cases (at least in my state) you HAVE to use an MD psychiatrist, or a PhD psychologist to write up how you're doing. Nurses don't count.

You can do it! Keep up the fight!

Reply

Share this discussion with your friends:


Disclaimer: The information provided in MDJunction is not a replacement for medical diagnosis, treatment, or professional medical advice.
In case of EMERGENCY call 911 or 1.800.273.TALK (8255) to the National Suicide Prevention Lifeline. Read more.
Contact Us | About Us
Copyright (c) 2006-2014 MDJunction.com All Rights Reserved