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How can a disability ALJ refuse to consider your diagnoses when determining your case

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RachelsMercy

Junior Member
What is the name of your state (only U.S. law)? I'm in Ohio, and I have Fibromyalgia, Mixed Connective Tissue Disease, Arthritis, Heart Failure, Non-Alcoholic Fatty Liver Disease, IBS, High Blood Pressure, OCD, Anxiety, ADHD and Depression. I applied for SSDI, and kept getting denied, and after appealing several times and getting denied I dropped the case and tried to see if I could work. I was unable to work, and could not get hired anywhere with my limitations.

I reapplied and this time I only qualify for SSI. Okay I get denied, and I appeal and I get denied. Both times they ABSOLUTELY REFUSE to send me to a doctor for any kind of physical eval but keep wanting me to get a mental evaluation for my ADHD even though I am NOT applying because of that. I refused to go because it's extremely painful and exhausting to go out to these appointments, and my anxiety is really bad. Also I do not see what the point is when it has nothing to do with my actual claim. So I keep getting denied, one time was for not doing an evaluation for the ADHD, other times it's been that I am not disabled. Now, they have admitted I AM disabled, but even though they acknowledge I am disabled, They feel I can do SOME kind of work, even though they have no clue what kind of work that would possibly be.

So I finally got a hearing with an ALJ. I was honest and answered all the questions truthfully. The person there to evaluate what work I could do even admitted there is no type of work that would accommodate my limitations. HOWEVER. This is where I am so confused. The ALJ explained to me, that she is NOT able to actually use my diagnoses when she makes her decision. I thought I misunderstood her and asked for her to please explain. She told me that because I was diagnosed with most of these ailments BEFORE I applied this time, that she is not allowed by law, to use those diagnosis. I needed to get RE-diagnosed when I applied this time. I was very confused and she further explained that she can ONLY look at my described SYMPTOMS, and when I pointed out that some of my medical diagnoses were discovered after applying this time, she told me "That does not matter, I can only look at your symptoms. Your medical history and paperwork is inadmissible."

I am baffled and confused and never heard of this. Yes I heard her right, and yes I asked for clarification more then once. This just seems like a total set up to MAKE SURE someone is denied. As far as I know, EVERYONE is diagnosed BEFORE they apply. I am positive now that I am going to be denied since she is not using any actual medical documentation!! Has anyone else gone through this??
 


ecmst12

Senior Member
Makes perfect sense to me. The diagnosis itself is irrelevant. Your actual ability to function is the only thing that matters.
 

xylene

Senior Member
Because (as you describe) you have failed to follow the process with regard medical evaluation at least twice your claim is subject to rigorous examination.
 

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