ssdi

[carman47]

Reapply for SSDI

How can I if I don't have an additional disability or do you mean reapply asking for the re-opening of the prior c-file. I will if they will permit. They keep telling me I have no grounds to reapply because I was approved on my subsequent application. But they didn't give me my correct AOD that's the thing I disagree on. He spoke about it on the record and by regulation anything on the record Ssa was suppose to respond to.

 

[PayrollHRGuy]

As you have been told, what the ALJ spoke about means nothing. What matters was in the written ruling.

Do you have a lawyer? If you do talk to them. If you don't get one.

 

[carman47]

Honestly, I feel like a fool. I really didn't know what was required or expected of me all those years ago. I was represented by an attorney. I relied on him for it all. Back then this man was in his late 50s so he's not practicing any longer now. I'm going to try to find an attorney that will take this case but it's hard to get anyone to take it.

 

[quincy]

Honestly, I feel like a fool. I really didn't know what was required or expected of me all those years ago. I was represented by an attorney. I relied on him for it all. Back then this man was in his late 50s so he's not practicing any longer now. I'm going to try to find an attorney that will take this case but it's hard to get anyone to take it.

There are two good reasons for reapplying for SSD benefits. One reason is that important medical evidence was missing or overlooked in your original application years ago. The other reason is that your condition has deteriorated since your initial application.

Without a significant difference in an application you file now and the one you filed previously, you are likely to once again be denied benefits.

You should look for an SSD attorney in your area to review all facts.

Good luck.

 

[carman47]

Thank you. I'm trying to find one to represent t me. I appreciate your advice.

 

[quincy]

Thank you. I'm trying to find one to represent t me. I appreciate your advice.

I wish you good luck, carman47, and I appreciate the thanks.

 

[Janke]

You didn't address my comment. What part of the written ALJ decision was not followed by SSA? And how do you know?

You also say there are errors. If these errors were corrected, would the change be so significant that the decision would change? Or are there errors in minor details?

I still don't believe you have a chance of getting this old decision changed. You are stuck with it. But keep looking for that needle if you want.

 

[carman47]

Well the error in the initial application ssa said that I didn't have a impairments that meets or equals medical listing 1.04 disorders of the spine ssa said ther was no indication that i had experienced compromise of a nerve root for the spinal cord with evidence of nerve root compression characterized by pain limitation of motion. With severe burning pain.
Ssa had c&p exams from va with those symptoms clearly written including limitation of motion with numerous treatment notes for pain. Included in exhibits and letters from a neurosurgeon in the decision letter they quoted somethings from the letter then left out the important stuff like severe narrowing of c5/c6 vertable bodies with nerve root impingement and flattening of the cervical cord. Loss of cervical lordotic curve with mild scoliosis. I understand scoliosis is mild. But the cord flattening and nerve root impingement. They conviently left those things out otherwise how could they have quote from the letter and not see the other info clearly written. (That could be interpted as FRAUD OR SIMILAR FAULT) SSA had the mri and X-ray result supporting it. It was clearly not applied.
Back then I went to the local field office and try to show them they didn't want to hear from me about it they said that was not new evidence and I was trying to show them and that they already had that evidence even though I tried to show them the evidence that they did not include they told me I'd have to resubmit a new claim which I did my attorney wrote a letter res judicata. Specifically speaking about their mistake then I just spoke about above and a mistake for mental under PTSD/ depressive disorder and mental impairment did they also did the same thing with a GAF score that was rated 48 well below standard with for characteristics of rhe impairments so it's not if they made a mistake or error they made a clear mistake and at my hearing the Alj didn't go back to my AOD in my prior application ... see I never worked anymore after August of 03.
Oh I got a favorable decision I didn't get my original AOD and yes if they had approved fully it would have made a significant and substantial monetary difference. I'm sure you must already know that.
Also the HALLEX I-2-9-1(A)(B) NOTE:2/ POMS reference the field office's role in documenting prior filings DI20505.010 they were responsible for making sure that my alj had prior decision in front of him at the time of my hearing and he did not have it he specifically said they did not send it to him. That's another error. They did not change the requirement about subsequent applications to be put together or attached in similar subsequent cases that ruling didn't change until 28th July 2011 my hearing was 2009.
In my opinion It's not as simple as Social Security says about you have such and such time to appeal that's why people get attorney some people's knowledge and understanding as well as mental capability is not there that's why we get attorneys to help us. In the event an attorney let's a claimant down there should be some type of support or an exception should be made that's just my opinion and I know I don't stand alone with the way the rules are. I tried to help myself back then but when u have an SSA office that won't give you the time of day because their more worried about how it might look on their error instead of correcting their mistake. then when my lawyer tried to help they gave him the runaround and he ended up filing a new application to still try to get it taken care of and they still didn't do what they were supposed to do by attaching my prior claim because I asked for my original AOD.

It's not surprising to me that it's highly unlikely that they will not re-open. I was denied 5 times be SSA it's not that they are incompetent because I believe they are fully aware of everything they do. back then there were a lot of their paperwork without dates and they were required to shred a lot of their paperwork after decisions were made. That stated in some of the program operations manuals.
Like I said before I was just hoping for any guidance an or helpful suggestions not salt being pour into my wounds. It is what it is. But it never hurt to try. You can gain if you try. If you don't try you definately will not gain.