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| | |-+  How much weight will an enzyme test hold at the post AC level?
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Topic: How much weight will an enzyme test hold at the post AC level?  (Read 3420 times)
newdawn
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« Reply #60 on: April 29, 2017, 05:36:33 PM »

There might be a chance that you could amend your appeal? 

I wondered that as well and wanted to toss that question out there. Is there a way to amend? Anyone?? And if there is a chance time is running out. Oddly enough, what was normally great news now has me in a possible situation. Due to congress involvement I got a statement my appeal has been bumped up in status. It's inline with "scheduled to be scheduled to be looked over" so...

I still need my CD, and if there's room to amend an appeal I gotta step it up.

The only thing I could find via googling references submitting additional "legal arguments" and brings it up in reference to requesting additional time to submit them.

Time to Submit New Evidence

If you have additional evidence that relates to the period on or before the date of the hearing decision, you must inform the Appeals Council about it or submit it. If you have a representative, then your representative must help you obtain the evidence unless the evidence falls under an exception. You may also submit any other additional evidence to the Appeals Council. If you need additional time to submit evidence or legal argument, you must request an extension of time in writing now. This will ensure that the Appeals Council has the opportunity to consider the additional evidence before taking its action.
[bolding mine]

https://www.ssa.gov/forms/ha-520.html

See also: https://www.ssa.gov/OP_Home/hallex/I-03/I-3-1-14.html

A claimant or an appointed representative may request an extension of time (EOT) to submit additional evidence or arguments to the Appeals Council (AC) in support of a request for review. The AC will accept an EOT request for this purpose either in writing or by telephone. When received by telephone, Office of Appellate Operations (OAO) staff will document the request on a form SSA-5002, Report of Contact, and associate the form with the claim(s) file.

I found my appeal. I'm sunk... Reasons for appealing? I'm disabled according to SSA rules and I can't do SGA. That's it, no references to legal slips, "missed" reports, nothing.

What "appeal" did you find? Was it the HA-520 form? That form appears to only provide one line to write on. And I read a HALLEX which says, "Frequently, a claimant will submit arguments on an HA-520" which sort of suggests to me that representatives normally wouldn't. The same HALLEX provides instructions that HA-520s get exhibited in one section of the electronic file and legal arguments and contentions go in another section.

Regardless of whether the folder is paper or electronic, the analyst will include a request for review (e.g., form HA-520, Request for Review of Hearing Decision/Order) in Part B – Jurisdictional Documents/Notices of the claim(s) file, and legal arguments or contentions in Part E – Disability Related Development of the claim(s) file.

https://www.ssa.gov/OP_Home/hallex/I-03/I-3-5-15.html

This again suggests to me that the arguments are normally submitted by claimant representatives on a separate page from the HA-520 form. So maybe it's possible your lawyer did submit more that one sentence?

For what it's worth, here are some best practices for claimants' representatives and the appeals council:

Contentions

4.17  Contentions should be specific.
The AC appreciates receiving concise, focused arguments. We recommend using 2,000 words or less if possible.

4.18  Contentions need not include a recitation of the jurisdictional history or evidence generally, unless related to a specific point of contention.
As the record is already before the AC and the AC reviews the entire record in each claim, a summary of the evidence is not necessary. There is also no need to send us a copy of the administrative law judge’s decision or a copy of the hearing recording.

4.19  Cite to the record.
Citing specific exhibits and the pertinent page numbers of cited exhibits in support of a specific point of contention helps us review the record more efficiently.


https://www.ssa.gov/appeals/best_practices.html [Actions Before the Appeals Council section]
Logged
Name: Dawn
Location: IL
Age at Application: 31
Disability: Depression, anxiety
Date Applied: 11/2013
First Approval/Denial Date: 03/2014
Reconsideration Approval/Denial Date: 11/2014
Hearing Date: 11/13/2015 (Friday the 13th!)
ALJ Approval/Denial Date: 01/15/2016 Fully Favorable (rec'd 01/21)
Date Award Letter Received: 02/17/2016 (rec'd 02/20)
Date Back Pay Received: 02/13/2016 (paper check)
Additional Info: 02/09/16 mySSA account updated with approval info. 02/22 rec'd medicare card in mail. Hired lawyer after reconsideration denial. Requested an in-person hearing.
KM
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« Reply #61 on: April 30, 2017, 09:41:31 AM »

Yes, it was the HA 520 I found in my records I had signed WELL before I had a clue regarding what should be included. After all, I hired someone to know. In hopes of maybe another form being attached that I wasn't aware of I searched for that option before posting about it here but all I could find was the directions to add a sheet as needed. Hopefully when I get the CD I'll find my lawyer is earning her keep.
Logged
Name: KM
Age at Application: 48
Disability: Spastic Paraparesis/Paraplegia SPG4 aka SPAST, Arthrosis of both knees including loose bone fragments (mild/moderate), Arthritis in upper and lower spine (moderate), degenerative joint disease in shoulders
Date Applied: Early 2014
First Approval/Denial Date: Denial 9-2014
Reconsideration Approval/Denial Date: Still searching records
Date Hearing Notice Received: 7-2016?
Hearing Date: 8-2016
ALJ Approval/Denial Date: Denial 10-2016
KM
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Posts: 46


« Reply #62 on: May 10, 2017, 05:44:53 PM »

It's been over 2 weeks since I requested the CD with nothing in the mail yet. Is there a normal timeline to expect this? I understood 10-14 days was "normal" but I don't know where I got that info.
Logged
Name: KM
Age at Application: 48
Disability: Spastic Paraparesis/Paraplegia SPG4 aka SPAST, Arthrosis of both knees including loose bone fragments (mild/moderate), Arthritis in upper and lower spine (moderate), degenerative joint disease in shoulders
Date Applied: Early 2014
First Approval/Denial Date: Denial 9-2014
Reconsideration Approval/Denial Date: Still searching records
Date Hearing Notice Received: 7-2016?
Hearing Date: 8-2016
ALJ Approval/Denial Date: Denial 10-2016
grove800
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« Reply #63 on: May 11, 2017, 04:22:39 AM »

In my case I had put a call in the beginning g of December.  Nothing by the end of month.  Called right after the New Year holiday and received finally within that week.  I did have to ask to speak with a supervisor at the ODAR office and just left her a message. 
Logged

😊
Name: Vicki
Location: IL
Age at Application: 59. Age now 62
Disability: Hypogammagobulimannenia , aggressive arthritis spine, 4 level cervical fusion, chronic pain, DDD,COPD,
Date Applied: 7/2013
First Approval/Denial Date: 11/2013
Reconsideration Approval/Denial Date: 5/2014
Date OTR requested: 6/2014
Hearing Date: January 19, 2016
Date Award Letter Received: February 3, 2016. per benefit letter on my SS website
Date Back Pay Received: February 4, 2016 direct deposit
Additional Info: fully favorable letter by mail Feb 6, 2016. Medicare started Dec 2015
KM
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Posts: 46


« Reply #64 on: July 16, 2017, 01:00:47 PM »

I've been out of touch for a bit as there is just too much negative going on - robbed being the most recent...

It took well over 30 days to get the cd. First call to local office said I had to go the the national number. That one took my info and said it would be on the way. A few weeks later I called the national number to check up and they claimed I could only use the local office... The local office now claims they saw the request but it was sent to the wrong state where it apparently would sit until death. Starting over, I had the CD approx a month and a half after ordering it.

It had no records of the genetic testing proving SPG4 which was taken after the hearing, but still not entered after the fact which I'm not sure how normal that is.

There were no other supplements to add to the "I can't work..." clause in the appeal. No legal arguments, nothing, so I have zero hopes of this EVER getting proper attention. It will soon be 1 year since my hearing and I don't have anything positive to report and even Congress only offered a letter claiming unknown delays.

Should I have to start over, which will leave me in unrecoverable debt, what time frames do I use? Disabled 1 day after the hearing or 1 day after the date stated on the letter? If my final denial is over 1 year from THAT point, which date sets the earliest I can expect to be back paid to? Those numbers are out there, but way over my head at the moment to know exactly how to ask, much less what to search for. Date last insured still intact, but time is running out.
Logged
Name: KM
Age at Application: 48
Disability: Spastic Paraparesis/Paraplegia SPG4 aka SPAST, Arthrosis of both knees including loose bone fragments (mild/moderate), Arthritis in upper and lower spine (moderate), degenerative joint disease in shoulders
Date Applied: Early 2014
First Approval/Denial Date: Denial 9-2014
Reconsideration Approval/Denial Date: Still searching records
Date Hearing Notice Received: 7-2016?
Hearing Date: 8-2016
ALJ Approval/Denial Date: Denial 10-2016
Just Me
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Nice Administrator


« Reply #65 on: July 16, 2017, 01:51:07 PM »

In order for new evidence to be considered by the AC it must relate "to the period on or before the date of the hearing decision" Did you have the test done before the date the ALJ made the decision ? If you did, did you call and verify the test results were received by the ALJ before he made the decision ?

If you file a new application the soonest date you can use is the date after the ALJ made his decision.

See Claim Pending With The Appeals Council at the link below-
https://www.ssa.gov/OP_Home/rulings/di/01/SSR2011-01-di-01.html
Logged

Hope the size of a mustard seed can produce Faith that can move mountains.
Age at Application: 50
Disability: DDD, nerve damage upper & lower extremities, RA
Date Applied: First Applied Feb 2002, Denied May 2003. Applied again Oct 2003, Approved June 2004
KM
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Posts: 46


« Reply #66 on: July 17, 2017, 10:19:52 AM »

I had sent my lawyer 2 updates after the decision, 1 was prescriptions, and shortly after was the genetic test results. The only one sent was the prescription update and this prompted a "slap on the wrist" letter from SSA stating how I shouldn't be sending evidence after the fact, but they would allow it. I understand the rules somewhat and was more expecting these to be entered and ignored until a possible remand, but for one to enter and not the other? And in all honesty, I'm not sure how much the test will affect any outcome. It just verifies the presence of a disease which was never questioned and was pushed by my neuro as he doesn't know what else to do to satisfy this objective evidence wall. One thing I counted on was the fact that this test DOES support the fact that MRIs and EMGs are of no value in my case so I would sleep better if it were on the record.
Logged
Name: KM
Age at Application: 48
Disability: Spastic Paraparesis/Paraplegia SPG4 aka SPAST, Arthrosis of both knees including loose bone fragments (mild/moderate), Arthritis in upper and lower spine (moderate), degenerative joint disease in shoulders
Date Applied: Early 2014
First Approval/Denial Date: Denial 9-2014
Reconsideration Approval/Denial Date: Still searching records
Date Hearing Notice Received: 7-2016?
Hearing Date: 8-2016
ALJ Approval/Denial Date: Denial 10-2016
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