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condition has changed while waiting for SSDI ALJ hearing
My wife is waiting for hearing on Her case for diabetes and chronic pancreatis. But recently She fell down the stairs and suffered a severe spinal cord injury and not expected to walk again. My question is should We wait for hearing. Or is there a way to present this obviously disabling impairment and avoid the hearing???
you can't avoid the hearing. but contact her claim manager. name should be on acknowledgement that claim was received. or call SSDI and aprise them of changes in wife's health. they will send out information packet with all paperwork including consent to release medical information to all doctors involved. be sure to list all doctors that are taking care of your wife. If all information needed is not sent. they will make a determination on what they have received so be sure to include all they ask for.
secondly, if your wife is unable to attend the hearing or meeting, social security can make arrangements for you and your wife to talk via telephone.
I somewhat disagree with 'chippers' answer. You actually may be able to avoid the Hearing. Also, you're in the ALJ level .. this means you are into the Court system and you'll be dealing with the Judge's clerk and secretary and so on (Not the SSA Office).
You have Got to have an Attorney or Representative right?? No One should try to go into the ALJ level without representation. I only have a moment for this answer tonight, but I will be back tomorrow (Monday) afternoon to add more information.
Hi again ... no offense to your lawyer, but is this person truly a specialist in SSA Cases? Also, have you done any Internet searches regarding other cases which have been heard in your area? For example, I live in the Ninth Circuit Appeals District - and this is known as a rather 'fair and reasonable' Court. There are others where the Plaintiff is 'virtually had' before walking in the door.
As far as the recent injury and how this affects your case, I know that if you have medical documentation which is so specific and irreversible, some SSA offices will take a second look at your claim. And of course, people need to be aware that the SSA never actually deals with the 'medical' side of a claim. They very neatly (in true governmental fashion) keep an 'arms length' from a claimant by having a local State Agency do all the research, testing, and exams regarding the medical condition -- and then the SSA simply acts upon the report submitted by this State Agency. So, it's possible that you could submit all your new medical evidence to the SSA Office, or to the Agency who probably sent you all kinds of forms and questionnaires. (Did you go through the 'CE' (consultative exam) process? This would have been scheduled by the same Agency that you could send the new info to. It's possible (but just barely) that they will accept your new evidence and rule that there is indeed a Disability here.
I hope this has helped, and if you want any further info please just ask ......
All my best to you!
I can see that a number of people have taken a look at this thread, and I think I should add a few things that are generic to the SSA Disability process.
In the three essential stages of applying for Disability (First Application; Second Application- "Reconsideration"; Administrative Law Judge Hearing- "ALJ"), people should take as much time and view the First App. just as seriously as they would the ALJ level. Because even though you'll almost always get a denial on your first app., you are setting the groundwork for the Reconsideration and beyond.
One other little, yet incredibly important tip: SSA really doesn't care how 'sick' you are. Nope, the whole thing comes down to whether or not you can WORK! And this means working at damn near anything ...
I'm speaking in generalities here. But depending upon your age, education, and medical condition, you'll either win or lose all because you can work again or not.
And then we have ...... (drum roll ..) The Grid! If you can get yourself "off the grid", well now you've got an excellent chance of winning your Disability Claim. The 'grid' is actually a chart that looks at age, education, work history, work Capability (can you be retrained?) and so on. As long as you're somewhat 'normal' you will stay on the grid - and have far less of a chance to win. ..... So the trick here is to get off that grid! This is where multiple problems come into play - the more 'out in left field' you are, well that's what gets you off the grid. And off the grid equals Winning Your Case! (more often than not).
That's enough for now ..... look for my new book coming out this summer! (kidding....)
having recently gone thru this myself. I didn't need a lawyer or need to go to court. that only happens went you are initially turned down for benefits. to engage an attorney now at this level, social secruity can not talk to you except thru your attorney. I didn't need to do web research or get an attorney to fight for benefits. I stand by my earier advice and keep things from spinning out of control. all you do is notify social security of a change in your wife's status and do the complete paperwork they ask for. these guys are not monsters. they do all they can to help. more so for a disabled person. I'd hold off on attornies and wait for the final outcome. as for court hearings and a judge?? I didn't need to see any of those people. I didn't have to leave my home except to see their doctor for which they paid for. my benefits were granted and I just recently was re-evaluted for them and kept them.
Having an attorney is great but save your money and use him wisely. if by chance you are truned doen for benefites, then use your lawyer.
Chippers, I'm pretty sure you are right. We already have a lawyer since She WAS turned down the first time, We are in the the second phase or hearing phase, which will be with an Administrative Law Judge. What I didn't think of is, that if We were somehow able to skip the hearing phase because of this new injury, (which has nothing to do with the original claim). Then there is a good chance that our original claim date (over 15 months ago), would become void, that is too much $ in back pay that We would be forfeiting, as they would probably base the claim on the injury and not include the medical issues She had prior to the fall.
I'm going to let you guys work out the rest of this one. But since I've dealt with a number of SSA Disability Cases over the years, I will tell you that you Are correct regarding the new medical issue vs. the initial claim. SSA has every right to only pay you for the most recent medical problem and disregard the initial one - and by doing so, you would lose all the money you've talked about.
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