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Topic: Absolutely ridiculously shattered-UPDATE 02/13/12  (Read 1239 times)
Dragon Fly
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Crinkly Piece of Aluminum Foil
« Reply #15 on: December 23, 2011, 08:46:40 PM »
CONGRATS InvisiblyIll.....on your approval and the timely new addition in your life!  baby girl (angel)
>;<
Dragon Fly
Logged
"And those who were seen dancing were thought to be insane by those who could not hear the music." --  Friedrich Nietzsche
Name: >;<
Location: CA
Age at Application: 37
Disability: Cervical & Lumbar DDD, Spinal Stenosis, Radiculopathy, Major Depressive Disorder, Anxiety Disorder, Chronic PTSD
Date Applied: October 8, 2010
First Approval/Denial Date: Approved verbally March 15th, 2011. Approval letter dated April 5, 2011
Additional Info: 2 weeks in QR, Received backpay April 4th, 2011
miapoppy
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« Reply #16 on: December 23, 2011, 11:04:47 PM »
Congratulations!!! I am so very happy for you Smiley
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"He that is thy friend indeed,He will help thee in thy need:If thou sorrow, he will weep;If thou wake, he cannot sleep:Thus of every grief in heart He with thee does bear a part.These are certain signs to know Faithful friend from flattering foe." William Shakespeare
Name: Fighting for hubby :)
Age at Application: 48/50 today January 28th!
Disability: Recently diagnosed with Renal-Artery Stenosis of left kidneySleep apnea, PAD, COPD,Malignant hypertension, elevated blood pressure. DJD of knee.
Date Applied: October 2010
First Approval/Denial Date: Feb 2011
Reconsideration Approval/Denial Date: Applied Feb and waiting .....Denied April 22, 2011
Date Hearing Notice Received: December 2011
Hearing Date: Applied May 2011. Hearing April 6th 2012.
ALJ Approval/Denial Date: Approval letter April 30th
InvisiblyIll
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« Reply #17 on: February 04, 2012, 06:21:01 PM »
Here is my latest. After getting my full favorable letter, I called to make sure that they had my current bank account info and they told me they did but that my case as in review...so now we are sitting and waiting for Feb 14th because they have until then to decide to change their mind or not. Sigh.

Always dragging feet. I just can't wait for all of this to be over. And am terrified of more delays!!
Logged
Location: New Hampshire
Age at Application: 31
Disability: Fibromyalgia, chronic migraines(hemiplegic), chronic unspecified back pain
Date Applied: 3/22/10
First Approval/Denial Date: 6/22/10-Denied
Reconsideration Approval/Denial Date: No second reconsider, I was given the ALJ option instead
Hearing Date: 9/27/11-ALJ hearing
ALJ Approval/Denial Date: 12/14/11 Fully Favorable by ALJ-however, picked up for "review" by appeals council and remanded to a new ALJ for a new hearing on 2/10/12
Additional Info: Now I have to go back through the hearing process all over again, only trying to address missing medical records that I can't produce so basically waiting for a new denial and then perhaps I will take it to a federal level.
SSDAdmin
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« Reply #18 on: February 04, 2012, 08:59:23 PM »
I know you have waited so long so I hate to be the bearer of bad news but why do you think they only have until Feb 14th?
Logged
I speak from experience not expertise.
Name: Marci
Location: Florida
Age at Application: 35
Disability: Arthritis, Degenerative Disc, Migraines, Foot Injury
Date Applied: September 2005
First Approval/Denial Date: Denied February 2006
Reconsideration Approval/Denial Date: Denied October 2006
Date Hearing Notice Received: October 2008 two weeks before hearing
Hearing Date: October 2008
ALJ Approval/Denial Date: Letter Received December 2008
Date Award Letter Received: January 2009
Date Back Pay Received: February 2009
Additional Info: Approved at hearing, no Attorney
InvisiblyIll
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« Reply #19 on: February 13, 2012, 09:46:26 AM »
Because they have 60 days from the date of decision from the ALJ to send it back for additional information if they pick it up for review. They have to send me a letter by tomorrow or else I can call SS and they will start processing my payments!

So, here is hoping that it "isn't in the mail" LOL
Logged
Location: New Hampshire
Age at Application: 31
Disability: Fibromyalgia, chronic migraines(hemiplegic), chronic unspecified back pain
Date Applied: 3/22/10
First Approval/Denial Date: 6/22/10-Denied
Reconsideration Approval/Denial Date: No second reconsider, I was given the ALJ option instead
Hearing Date: 9/27/11-ALJ hearing
ALJ Approval/Denial Date: 12/14/11 Fully Favorable by ALJ-however, picked up for "review" by appeals council and remanded to a new ALJ for a new hearing on 2/10/12
Additional Info: Now I have to go back through the hearing process all over again, only trying to address missing medical records that I can't produce so basically waiting for a new denial and then perhaps I will take it to a federal level.
SSDAdmin
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« Reply #20 on: February 13, 2012, 11:51:56 AM »
Oh..I see what you are saying.  Yes they have 60 days to "review" your approval but they do not need to wait the 60 days to process your payments or back pay.  Unfortunately in your case they may have.

Let me know what you find out.
Logged
I speak from experience not expertise.
Name: Marci
Location: Florida
Age at Application: 35
Disability: Arthritis, Degenerative Disc, Migraines, Foot Injury
Date Applied: September 2005
First Approval/Denial Date: Denied February 2006
Reconsideration Approval/Denial Date: Denied October 2006
Date Hearing Notice Received: October 2008 two weeks before hearing
Hearing Date: October 2008
ALJ Approval/Denial Date: Letter Received December 2008
Date Award Letter Received: January 2009
Date Back Pay Received: February 2009
Additional Info: Approved at hearing, no Attorney
InvisiblyIll
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Posts: 8
« Reply #21 on: February 13, 2012, 02:27:55 PM »
Well. I opened my mailbox to see a green striped letter. Heart beating out of my chest, I opened it....

They have remanded my case back to another ALJ for review stating that there is not enough substantial evidence to support the decision of the original ALJ.

I am destroyed. I do not know what to do at this point. I am back at square one after my initial denial and back to trying to piece together what I can to make them believe me. The medical records I have won't say anything different and they were very specific about what they feel did not substantiate my condition. The problem is that I don't have anything else TO give them to do that.

I am at a loss here as to whether I should be calling a lawyer or if I should be talking to my doctor to get additional paperwork and letters from her that show that what she has said, even if it isn't actually documented in some cases, is still the actual diagnosis...

I am numb. I cannot believe I am back to square one again now. This is so unbelievable to me. And the differing information available is staggering. Every time I think I have a handle on truth, it slips right through my fingers and is completely wrong. Not even Social Security themselves knows the answers, so WHO THE HELL KNOWS HOW THIS STUFF WORKS IF THE ORGANIZATION MAKING THE DAMN DECISIONS DOESN'T EVEN KNOW??
Logged
Location: New Hampshire
Age at Application: 31
Disability: Fibromyalgia, chronic migraines(hemiplegic), chronic unspecified back pain
Date Applied: 3/22/10
First Approval/Denial Date: 6/22/10-Denied
Reconsideration Approval/Denial Date: No second reconsider, I was given the ALJ option instead
Hearing Date: 9/27/11-ALJ hearing
ALJ Approval/Denial Date: 12/14/11 Fully Favorable by ALJ-however, picked up for "review" by appeals council and remanded to a new ALJ for a new hearing on 2/10/12
Additional Info: Now I have to go back through the hearing process all over again, only trying to address missing medical records that I can't produce so basically waiting for a new denial and then perhaps I will take it to a federal level.
miapoppy
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Posts: 2225
« Reply #22 on: February 13, 2012, 03:58:28 PM »
InvisiblyIll, I personally have not seen/heard of this happening and I am sorry. If judges are anything like doctors, they don't like to go against each other, then they will agree with the original decision! I can understand you feeling numb but all is not lost, Your certainly going through additional stress and I pray this is all sorted very fast and ofcourse it remains an APPROVAL!!
Hopefully someone with more insight will come along and advise you, just wanted to offer my support and thoughts, Good luck!!  good-luck heartthrob
Logged
"He that is thy friend indeed,He will help thee in thy need:If thou sorrow, he will weep;If thou wake, he cannot sleep:Thus of every grief in heart He with thee does bear a part.These are certain signs to know Faithful friend from flattering foe." William Shakespeare
Name: Fighting for hubby :)
Age at Application: 48/50 today January 28th!
Disability: Recently diagnosed with Renal-Artery Stenosis of left kidneySleep apnea, PAD, COPD,Malignant hypertension, elevated blood pressure. DJD of knee.
Date Applied: October 2010
First Approval/Denial Date: Feb 2011
Reconsideration Approval/Denial Date: Applied Feb and waiting .....Denied April 22, 2011
Date Hearing Notice Received: December 2011
Hearing Date: Applied May 2011. Hearing April 6th 2012.
ALJ Approval/Denial Date: Approval letter April 30th
InvisiblyIll
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Posts: 8
« Reply #23 on: February 13, 2012, 04:20:33 PM »
Apparently they are not like doctors then because they have "gone against" this judge and basically said that his decision is null and void and they want a "second opinion" by making me go back through the entire appeal process again.

I spoke to the Appeals Council admin who basically told me I can send whatever I want, they never grant an "audience" like they say they do in the letter I got today. So, no matter what I do, I am even worse off than I was at the original denial because now I have to battle against what they KNOW I do not have..medical records that they know I can't make appear....

Luck of the draw of being picked up by the Appeals Council basically screwed me. Because now, even if I go to a new ALJ(which will take, what, 1-3 yrs again to even GET the hearing??)..now I have to go in and say what I said already, but I can't fight against the new things they are saying have not been substantiated because there IS no definitive medical proof of Fibro..nor of chronic migraines..it's not like there is a test you can administer to prove or disprove...so pretty much unless the ALJ just decides to override the Appeals Council and reapprove me based on my original claim, I will get the denial.

Strangely enough, I can't find one person who has ever heard of this happening before. I guess I am just "lucky". Even the lawyers can't figure it out, so no help there.
Logged
Location: New Hampshire
Age at Application: 31
Disability: Fibromyalgia, chronic migraines(hemiplegic), chronic unspecified back pain
Date Applied: 3/22/10
First Approval/Denial Date: 6/22/10-Denied
Reconsideration Approval/Denial Date: No second reconsider, I was given the ALJ option instead
Hearing Date: 9/27/11-ALJ hearing
ALJ Approval/Denial Date: 12/14/11 Fully Favorable by ALJ-however, picked up for "review" by appeals council and remanded to a new ALJ for a new hearing on 2/10/12
Additional Info: Now I have to go back through the hearing process all over again, only trying to address missing medical records that I can't produce so basically waiting for a new denial and then perhaps I will take it to a federal level.
plgerrard
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Posts: 4767


The Catwhisperer
« Reply #24 on: February 14, 2012, 04:55:29 AM »
Hi InvisiblyIll:

What you are describing is an Appeals Council “Own Motion Review”, sometimes called an “Unappealed Review”. This happened to another of our members recently. You will want to read through the these topics as they explain how you may be eligible for benefits while waiting for the 2nd ALJ hearing, and how remand hearings are given priority over other hearings. Your wait will be more a matter of months than a matter of years:

http://ssdfacts.com/forum/index.php/topic,3347.0.html
http://ssdfacts.com/forum/index.php/topic,4658.0.html
http://ssdfacts.com/forum/index.php/topic,4992.0.html

Pati
Logged
The best way to pay for a lovely moment is to enjoy it. (Richard Bach)
Name: Pati
Location: East Tennessee
Age at Application: 53
Disability: Small Fiber & Autonomic Neuropathy; Sjogren's Syndrome; DJD
Date Applied: 02/19/2009
First Approval/Denial Date: Approved 10/26/2009
Date Award Letter Received: 11/17/2009
Date Back Pay Received: 10/25/2009
Additional Info: Assigned to DQB on 10/5/09. Approved.
InvisiblyIll
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Posts: 8
« Reply #25 on: February 14, 2012, 08:56:30 PM »
Thanks for the info! I read that and hopefully my case works the same. The local ALJ office told me that when my case came back to them I wouldn't be assigned rush status but then, no one at SS seems to have a clue what happens now so I am not holding that are truth...

I spoke to my doctor and we are going to fill out some additional documentation on my conditions and I am sending a letter telling them I am including additional information addressing each specific concern they had in the letter. The lawyer I spoke too today told me that he has never heard of this before but it sounded like that was the best plan of action and if it is remanded to a new judge to just take it as it comes then. I am hoping that the additional documentation will be enough to make them just decide not to remand it and just approve it...but as I only have 25 days to do it, and they have to start paying me at 110 days from Dec 14, I am hoping it will go quickly. I will try and update as things happen. Thanks to everyone for their support and advice!
Logged
Location: New Hampshire
Age at Application: 31
Disability: Fibromyalgia, chronic migraines(hemiplegic), chronic unspecified back pain
Date Applied: 3/22/10
First Approval/Denial Date: 6/22/10-Denied
Reconsideration Approval/Denial Date: No second reconsider, I was given the ALJ option instead
Hearing Date: 9/27/11-ALJ hearing
ALJ Approval/Denial Date: 12/14/11 Fully Favorable by ALJ-however, picked up for "review" by appeals council and remanded to a new ALJ for a new hearing on 2/10/12
Additional Info: Now I have to go back through the hearing process all over again, only trying to address missing medical records that I can't produce so basically waiting for a new denial and then perhaps I will take it to a federal level.
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