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Thread: SSD Appeal Help

  1. #1
    mwether19 is offline Member
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    Dec 2005
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    SSD Appeal Help

    What is the name of your state? Pennsylvania

    My husband lost his job due to hard metal lung disease. Pneumoconosis. He was denied SSD & will now go before the ALJ soon. He has not worked for over 2 years because of this disease and has other complications due to taking the prednisone that was prescribed.

    Can anyone tell me if there is a basic format for preparing a "brief" for the hearing? All medical records, etc. are at the ALJ office. I have been searching the web for months and cannot find an example of a checklist or sample brief anywhere.
  2. #2
    ellencee is offline Senior Member
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    Quote Originally Posted by mwether19
    What is the name of your state? Pennsylvania

    My husband lost his job due to hard metal lung disease. Pneumoconosis. He was denied SSD & will now go before the ALJ soon. He has not worked for over 2 years because of this disease and has other complications due to taking the prednisone that was prescribed.

    Can anyone tell me if there is a basic format for preparing a "brief" for the hearing? All medical records, etc. are at the ALJ office. I have been searching the web for months and cannot find an example of a checklist or sample brief anywhere.
    Your husband needs an attorney who specializes in SS hearings.
    Part of the problem your husband is facing may be that he is not disabled from doing any work; therefore, he does not qualify for SSDI benefits. Many people with this lung condition or other similar lung conditions are gainfully employed; it will be difficult to prove that your husband is an exception and can not do any type of work. "Complications" of taking prednisone do not usually render a person unable to do any kind of work, either.
    It may be that SSDI benefits are being denied because your husband's loss of income is work-related and workers comp should be paying instead of SSDI.

    I strongly recommend that your husband consult with an attorney ASAP.

    If he/you insist(s) in proceding without an attorney, SS can provide you with information on what to expect at the AJ hearing and you can prepare your materials and answers based on what is expected. In no way does your husband or do you want to go into an AJ hearing and attempt to present information as if he or you is an attorney. It is better to take your information and be prepared to answer questions directly and briefly and without attempting to sway the judge with emotional pleadings.

    EC
  3. #3
    BL
    BL is offline Senior Member
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    I agree with EC , Consult an SSI attorney . These consults are Free ( look up one in your area ) .

    If the SSI attorney thinks you have a good case , they will take it .

    Find one that will take a mandated percentage if they win , and NOTHING if they lose .
  4. #4
    mwether19 is offline Member
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    Dec 2005
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    ALJ Hearing

    Thank you. I already understand that an attorney will take 25% or $5300 which is the lesser of the two. We have an attorney for the Workers Comp. He is taking 20% of my husband's checks and is always messing up things. I have to continuously correct him, etc. It is a nightmare. He wanted to do the SSD, but after the way he is handling this comp. case we politely regetted that. Unfortunately, the agreement we signed with him in the beginning states that if we would pursue using another attorney for the comp. case, he would still get his 20%. So, we are stuck with him for the worker's comp.

    If I am correct, you can still receive workers' comp. and receive SSD, but if you win there will be an offset because of the comp. amount. Naturally people don't stay on comp. all their lives. And believe me that is a whole nightmare in itself.

    I have all the documentation, but unfortunately the doctor was lax in his being precise on his office visit notes. I am trying to get him to write a letter so that the gaps will be filled in. Everytime my husband would go I would go with him. I would explain the importance of this and he would agree, but when I would get a copy of the office visit, it would have general chit chat in it in some areas and not the additional problems he is having which are associated with taking the meds. for the lung disease.

    So, how do I fill in that gap? Just verbally when we are at the hearing?

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