I don't know what to say

[Superfly]

What is the name of your state? New York

OK. I need some advice.

Back in February of 2001, my husband had to quit work over his physical ailments. He went on NYS temporary disability, and was told after 6 months, he could apply for Social Security Disability.

He followed the rules of what he needed to do to apply. He has heart disease, radial ulnar nerve damage, carpal tunnel, tendonitis, diabetes, asthma and emphysema. He was told he should have no problem getting disability.

He applied, and after what seemed like forever, was denied. He was then told by an attorney that a huge majority of cases are denied outright, but that he can appeal.

He requested a hearing, and was scheduled, but it was very far in the future. During this time, we moved to Alabama. Almost immediately, we found an attorney who specializes in Social Security. He contacted the appeals board in Alabama, and they scheduled his hearing for August of 2003. He appeared at the hearing with his attorney.

His attorney advised him that he should act worse than he actually was, to make it seem more convincing. He didn't want to do this, but felt that his attorney knew best. He didn't go overboard with it, but wore some braces on his hands that he didn't normally wear, and simply told the truth about how much pain he was in, all of the time.

He was told that he would be notified of their decision. Many, many months later, he recieved notification in the mail that he had been denied - the reason being that they felt like he was "faking it", because of the arm braces that he was advised to wear.

He was then told by his attorney that it could be appealed, and that the appeal would have to be sent to Baltimore. This was in November of 2003. He has called his attorney several times, only for the attorney to keep pushing him back farther and farther, saying, "Well, they are backed up. It's taking upwards of a year for them to get back to people", and every time we would call him, he would give us another excuse, or a new extension time. We asked if WE could call the Social Security Disability office in Baltimore, and he gasped and said, "OH, NO, you can't. Only we can call them." The only thing we have going for us at this point, is that he did ask my husband to sign papers for the appeal.

So here we sit, 5 years later, still no Social Security Disability, and he isn't returning phone calls. My husband called the 1-800 number for Social Security, and they told us that there was absolutely no record of the appeal at all, and the last record they had of my husband was the November, 2003 denial, after the hearing.

What can we do? Anything? Is there a statute of limitations on appealing the decision made at the hearing? I'm sure if there is, it has long passed by now, as the hearing was 3 years ago.

The Social Security people said that there was a 4 step process. (1) Filing and Denial, (2) Hearing and Denial, (3) Appeals and Denial, and (4) District Court, which takes it out of the Social Security Administration's hands.

The Social Security office today told my husband that there was no record of that 3rd step having been taken.

Do we have any rights at all? Can't he be held accountable, somehow, for this?

And what, if any, chance does he have with his original claim?

[seniorjudge]

Originally Posted by Superfly

What is the name of your state? New York

OK. I need some advice.

Back in February of 2001, my husband had to quit work over his physical ailments. He went on NYS temporary disability, and was told after 6 months, he could apply for Social Security Disability.

He followed the rules of what he needed to do to apply. He has heart disease, radial ulnar nerve damage, carpal tunnel, tendonitis, diabetes, asthma and emphysema. He was told he should have no problem getting disability.

He applied, and after what seemed like forever, was denied. He was then told by an attorney that a huge majority of cases are denied outright, but that he can appeal.

He requested a hearing, and was scheduled, but it was very far in the future. During this time, we moved to Alabama. Almost immediately, we found an attorney who specializes in Social Security. He contacted the appeals board in Alabama, and they scheduled his hearing for August of 2003. He appeared at the hearing with his attorney.

His attorney advised him that he should act worse than he actually was, to make it seem more convincing. He didn't want to do this, but felt that his attorney knew best. He didn't go overboard with it, but wore some braces on his hands that he didn't normally wear, and simply told the truth about how much pain he was in, all of the time.

He was told that he would be notified of their decision. Many, many months later, he recieved notification in the mail that he had been denied - the reason being that they felt like he was "faking it", because of the arm braces that he was advised to wear.

He was then told by his attorney that it could be appealed, and that the appeal would have to be sent to Baltimore. This was in November of 2003. He has called his attorney several times, only for the attorney to keep pushing him back farther and farther, saying, "Well, they are backed up. It's taking upwards of a year for them to get back to people", and every time we would call him, he would give us another excuse, or a new extension time. We asked if WE could call the Social Security Disability office in Baltimore, and he gasped and said, "OH, NO, you can't. Only we can call them." The only thing we have going for us at this point, is that he did ask my husband to sign papers for the appeal.

So here we sit, 5 years later, still no Social Security Disability, and he isn't returning phone calls. My husband called the 1-800 number for Social Security, and they told us that there was absolutely no record of the appeal at all, and the last record they had of my husband was the November, 2003 denial, after the hearing.

What can we do? Anything? Is there a statute of limitations on appealing the decision made at the hearing? I'm sure if there is, it has long passed by now, as the hearing was 3 years ago.

The Social Security people said that there was a 4 step process. (1) Filing and Denial, (2) Hearing and Denial, (3) Appeals and Denial, and (4) District Court, which takes it out of the Social Security Administration's hands.

The Social Security office today told my husband that there was no record of that 3rd step having been taken.

Do we have any rights at all? Can't he be held accountable, somehow, for this?

And what, if any, chance does he have with his original claim?

Q: Can't he be held accountable, somehow, for this?

A: Yes, your husband could definitely be in trouble: "... He didn't go overboard with it, but wore some braces on his hands that he didn't normally wear, and simply told the truth about how much pain he was in, all of the time...."

[Superfly]

Yes, my husband knew he was wrong, but was advised by his attorney to do this.

That doesn't make it right, but that's neither here nor there.

The fact of the matter remains that he has been lied to and misled for the last 3 years.

That is the point of my post.

Is there anything that can be done, or should he just start all over?

[mwether19]

Well, your husband could be held for fraud. Unfortunately you probably could have won your case with all of your husband's medical problems without doing that. Too bad your lawyer was an idiot, but your husband did make an awful mistake.

When you go to an appeal before an ALJ they not only have someone doing court recording but they also tape the whole proceeding.

Did your denial letter from SS actually say on it that they felt your husband was "faking"? You should have a copy of it. It states every reason why you were denied. Look it over carefully. You could really get yourself in a "pickle" if it does say that and you want to pursue it further.

[mwether19]

By the way, you said that your husband did sign a paper at the Attorney's for the appeal to Baltimore. Did he do it within 60 days of the denial? Did you get a copy of it? The appeal had to be in within the 60 days. If it was processed as the attorney said you should know that Baltimore processes over 20,000+ a year. Maybe it wasn't sent in to begin with.

[Superfly]

We have since found out that it was never sent to begin with.

We have to start all over again.

Thanks for the help, though.

[BL]

My suggestion start from scratch . Consult a local SSI attorney and go from there .

All the rest is gibberish .

[Superfly]

Unfortunately, that's what we are going to do. But thanks.