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carman47

Member
I filed an application for title II and title XIV for Social Security disability on 16 Aug 07 the application was denied initially on 1Nov07. And upon reconsideration on 11Jan08 on 24Jan08 I file for an appeal hearing date scheduled for 15Sep09 located at the Louisville Ky appeals office. Walter J Olin was my legal representative at the time. The Honorable Eduardo Soto was my ALJ via video teleconferencing from Chattanooga TN.

I had previously applied on 24 February 04 for title II and XIV Social Security disability benefits with and AOD for 20 August 03. The application was denied by an ALJ on 13Jan06 the decision was affirmed by the appeals council on 27Jul07. Because I filed a subsequent application while my original application was still under review by the AC. My AOD was now set at the day after the previous ALJ decision dated (14Jan06).

On 1Sep09, 2 weeks prior to my appeals hearing my representative wrote a (brief) statement in support of fully favorable decision on my behalf. He attached a statement in support of a fully favorable decision with new material evidence: res judicata the MRI of the cervical spine dated 8Jun07 confirms “ventral effacement of the spinal cord (exhibit 1- f) page 6. It also includes consultive psychological reports indicating a GAF of only 48 confirming impairment of memory and concentration (exhibit 3-F) with this new finding it constituted new material evidence at the time which permitted reopening of the prior ALJ decision dated 13jan06. With the fully favorable decision on the record during the court proceedings on 15Sep09 and in the decision letter dated 29Sep09. The appeal for the current application dated 16aug07 with the new material evidence performed 8jun07 was within the four-year permissive timeframe for reopening at that time. Social Security Ofc in New Albany In Received the new material evidence documents on 7Sep07And they scan the documents into Social Security system on 14Sep07.

The Honorable Eduardo Soto gave great weight to the conclusions of the VA personnel who concluded that my impairments prevented all work and are disabling. He gave little weight to the state agencies medical consultants, physical assessments, psychological consults and mental assessments because VA medical Centers opinion is more consistent with record. The decision was fully favorable. However, he didn't give a fully favorable in my opinion because the Alj didn't grant the AOD as requested.
On the record at the hearing he said that he didn't have a copy of the prior ALJ decision and that the revision would have to be done at the determination FO. Yet he didn't put a memorandum or notice of any kind in the file and according to 20 CFR The FO was suppose to include file information from the prior C- file if they were subsequent and within the 4yr time frame for a revision/reopening. I Just recently found that I could get a full copy of Exhibit file and my entire SSA file to include the appeals hearing. I listen to the ALJ on the record comments. But nothing was done. The FO says that nothing can be done because I have a good reason for appeal so late. I was represented by an attorney but he probably thought they were working on it just like I did. I currently have an impairment in memory, concentration and processing of information. I have PTSD/depressive disorder. I welcome any advise on how I can go about getting My original Onset date. I stopped working on 20 AUG03 because the Veterans Affairs approved me for 100% permanent and total disability
 


quincy

Senior Member
I believe carman wants to know how to get the "original onset date."

I have no idea. Perhaps someone else knows?

carman, do I understand your post correctly to say you applied for disability benefits 15 years ago (2004) and reapplied for benefits 12 years ago (2007)?
 

Janke

Member
The ALJ chose an onset date and a specific application date. That is in the ALJ award notice. No lower office can change either the onset date or the application date. So, if the ALJ did not address it in the written decision and you did not appeal it, it will not be reopened.
 

carman47

Member
I believe carman wants to know how to get the "original onset date."

I have no idea. Perhaps someone else knows?

carman, do I understand your post correctly to say you applied for disability benefits 15 years ago (2004) and reapplied for benefits 12 years ago (2007)?
 

carman47

Member
Yes, I was trying to get the original on-set date. See in April 04 I applied for disability and was disapproved all the way up through my appeal finalized on July 2007 through the AC. My attorney found out they made an error attorney reviews everything and he's found that they made an error applying the severity of my impairment they overlooked evidence that was already in my file they left out evidence of the severity so I ended up reapplying and when I reapplied we requested for them to open up the prior claim. Social Security disapproved it they disapproved it again on the reconsideration but we appealed it and my attorney wrote a statement I believe they call it a brief for fully favorable decision. It only took the alj 3 minutes to tell me he fully approved me he doesn't understand why they didn't approve me all of this time when my attorney asked him 2 make a decision on the aod he said he does not have the prior alj paperwork in front of him the decision so we would have to go back through the field office what that decision. Nothing else was done. I had no idea what was going on that's why I got an attorney shortly after that my attorney was no longer working he was an older gentleman. Just recently my daughter and I was reading and going over the paperwork is she believed there was an error so she looked into it. She thought I should look into it also. She was explaining error on the face of evidence are error. I honestly don't know what to do or if anything can be done. See I did appeal it. It was denied on Jan 06. Ssa said I couldn't appeal again so I filed and asked them.
 

carman47

Member
The ALJ chose an onset date and a specific application date. That is in the ALJ award notice. No lower office can change either the onset date or the application date. So, if the ALJ did not address it in the written decision and you did not appeal it, it will not be reopened.
 

carman47

Member
Oh yes he did address it during the hearing he said he did not have a copy of my prior decision and that he believed we had to go back to our field office to do that client it's on the record but no one did anything. My attorney realized there was a error in 2004 when we first applied for disability I am a veteran and I became fully disabled in August 03 so I filed for disability Social Security denied every reconsideration and that appeal my attorney didn't realize the error until after AC finalize their decision on July 2007 I reapplied 14 January 06 they would not let me have my original aod they said I had to use that date because that's the next day after my final decision for my appeal. So when we re filed weary files asking for them to reopen d prior title II. They disapproved everything where I had to have an appeal hearing again but at this appeals hearing in 2009 the alj said he didn't know what the heck they were doing when they disapprove me all of those time he agreed with VA and gave the weight of the evidence VA support he totally agree with VA. But when we asked him to adjust the aod he said he did not have the paperwork from the prior decisions and that we had to go back to the field office from that point I'm lost I don't understand the legalities of any of it and I didn't know what to do I expected my attorney to follow through with everything part of my disability is having a hard time with concentration and memory. So I seent you guys forum and I thought that I would ask for help. Thanks for listening
 

carman47

Member
Social Security said that I didn't meet any impairment severe are moderately enough to be steamed is up disabled. But my attorney sounds they made an error and when I questioned them they said they're not going to adjudicate over the same application if I don't have new material evidence they said the evidence in my record was already used so it's not new I told them that it's a error because you didn't include all the evidence and it's wrote on the evidence is on my c&p examination and my neurosurgeon wrote two letters you guys only picked certain things out of the letters to you in the alj did not look at it neither did the AC. So again they denied is on saying I didn't meet severity or moderate and it's just not true again I'm a veteran I have PTSD issues depressive disorder with anxiety again they only picked certain things out of the RFC consult note and the decision letter that even made a comment suggesting that I was lying. But if I was lying VA would not have approved me for total and permanent it's 70% with 100% benefit. They gave to me disabled August 03 that same decision letter I sent to them with consult note x-rays MRIs CT they still denied it
 

carman47

Member
I believe carman wants to know how to get the "original onset date."

I have no idea. Perhaps someone else knows?

carman, do I understand your post correctly to say you applied for disability benefits 15 years ago (2004) and reapplied for benefits 12 years ago (2007)?
 

carman47

Member
Yes they denied me then they denied me again on the reconsideration and then January 06 I went before alj with my attorney and he denied me again. In 07 July the AC finalize it. So I applied again on 14 January 06 the day after I got denied in September 2007 my attorney found a a mistake on the evidence so we wrote a statement sending it to Social Security asking them to allow the statement but I believe their response was if the evidence was already in the record we couldn't use evidence to reopen the prior claim that wasn't true so we did an appeal in at the hearing we addressed it and the alj said that he couldn't make a decision on the onset date because he doesn't have the prior decision information there and for us to go back to the field office he said that on the record so it's only recording so I'm wondering why the field office didn't use that information to follow through on what they were supposed to do. So now my attorney no longer works he's an elderly gentleman and I don't know if I can do anything to fix this it's like they knew what they were doing but maybe I'm just in my feelings.
 

Janke

Member
The decision is written. Anything the ALJ might have said in your hearing doesn't matter if it is not in the written decision. Written, not spoken. What he might have said is not part of the official decision if it is not in writing.
 

carman47

Member
Again I'm not sure about the law and what I can and can't do. But there are definately errors. Things that should have been done by Ssa that wasn't. My Alj didn't have the prior decision sent to him before my hearing.That could have made a difference at the time. Again I'm asking what can be done now if anything. I'm not an attorney and I'm not on this forum to go back and forth. Or to talk down to anyone.
I'm asking for help from those who are familiar and have experience because I don't. Any type of help. Would be very appreciated
 
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