Sueing Social security in fedral court, MI

[KariR]

What is the name of your state (only U.S. law)? Michigan.
I have been trying to get disability benefits since 2006. I have 9 psychiatric diagnoses, one of which is tourette syndrome with caprailia, which is random loud swearing. I swear thousands of times a day. I also have PTSD chronic. Social security lost my medical records and they weren't available at the social security hearing. So I have been denied. it was denied at the appeal review also. I have filed in federal court, and reapplied for disability. how much back pay should I get, I can prove disability back to 2000. I have asked for compensatory damages in the amount of 150,000, since I lost my home to forclusure during the waiting process. I am trying to prepare a fed court trial brief, I can prove ssi got my records and lost them by the releases I signed that are in my medical files. What applicable rules apply to this?

 

[KariR]

oh, they also just denied my reapplication, so I have appealed that.

 

[tranquility]

You are not going to get "damages" from a governmental failure to give you money you think you deserve. Even if the failure was the result of negligence on the part of the government. *IF* you are found to have been denied benefits unjustly, I suspect the most you could get would be the amount you would have gotten if you were not improperly denied. (Less the amounts beyond the statute of limitations.)

I suggest an attorney.

 

[Onderzoek]

What is the name of your state (only U.S. law)? Michigan.
I have been trying to get disability benefits since 2006. I have 9 psychiatric diagnoses, one of which is tourette syndrome with caprailia, which is random loud swearing. I swear thousands of times a day. I also have PTSD chronic. Social security lost my medical records and they weren't available at the social security hearing. So I have been denied. it was denied at the appeal review also. I have filed in federal court, and reapplied for disability. how much back pay should I get, I can prove disability back to 2000. I have asked for compensatory damages in the amount of 150,000, since I lost my home to forclusure during the waiting process. I am trying to prepare a fed court trial brief, I can prove ssi got my records and lost them by the releases I signed that are in my medical files. What applicable rules apply to this?

Do you have an attorney and what did he/she say when you asked these questions? If you don't have an attorney, why not? The advice you get in these kinds of forums would be based solely on what you report to us, which may be only part of the important facts.

If you filed in 2005, the claim would have been electronic so it is hard to believe that a file would be lost. And how are you going to prove that the records arrived at the Social Security office? And didn't your lawyer (or you) review the existing medical evidence before the hearing and submit the missing pieces? If not, why not?

Is this an SSDI or SSI claim? SSDI can be retroactive up to one year before the application date. SSI has no retroactivity before the application date. What is your date last insured (DLI) for SSDI? Do you understand the significance of DLI? Based on your alleged onset date, how much is your Primary Insurance Amount (PIA)? That amount can change if you are awarded benefits with an adverse onset date (a date you don't agree with that is later than you allege).

For SSI, do you have you kept proof of all income and resources since 2005 if you do manage to get a favorable decision in federal court?

I think you have zero chance of getting $150,000 in compensatory damages against the federal government. Retroactive benefits are also not guaranteed. Could be zero, $100, $1000, $10,000. There is a small chance that retroactive benefits would exceed $50,000. Way too many factors to give you a helpful accurate answer in this forum.

What does your attorney say?

 

[KariR]

I had an attorney who dropped my case at the appeals point after the hearing. I then discovered that they lost the records, which were not done electronically at the time I origionally filed. I have signed releases in my medical files showing that SSD was sent the files that didnt show up in the exhibit list. MY attorney picked up my case again at this point. he faxed in the records again to branch 12 in west virginia, adjudication and review board, they denied a reopening due to the records being too old. I have not found a lawyer to take this to the fedral level, so I filed myself. My issue is with the handling of my medical records over the last 6 years.

 

[KariR]

This is an SSDI claim.

 

[antrc170]

Let me get this straight:

You applied for SSDI and signed over your medical records for review.
SSA either lost or never recieved your records.
SSA denied the claim.
You appealed.
SSA denied the appeal and this is when you learned of the lost records.
You appealed again and re-sent the appropiate records.
SSA denied, stating the records were too old.
You want to sue in federal court.

 

[Onderzoek]

I still don't see how you can prove that SSA received and then lost your medical records at the initial level. I also don't see how that means you have any type of 'case' against SSA. And then, according to you, the medical records were submitted to the Appeals Council and the Appeals Council decided the records were too old. So, according to you, SSA reviewed those medical records and decided that they were 'too old'. So an unfavorable decision was made on those medical records, and, according to you, a new unfavorable decision has been made on the existing records.

It is possible that your medical condition is not severe enough to qualify for SSDI benefits.

I don't see that you have a damages case of any sort on the alleged loss of your (even if you could sue the federal government on that issue) since a decision was made with those records. But you probably should and will continue despite my opinion.

Back to your original questions: I think your retroactive benefits will be zero. I don't have any idea of applicable rules.

One thing is for sure that your Date Last Insured is either or will soon be in the past since you have not been working, and after DLI has passed, you can be hit by a truck, or be diagnosed with stage 4 cancer, or have a heart attack and a stroke, and will not get SSDI benefits since your insured status will have expired.