Tags: alj, appealed, appealing, decision, decisioni, denial, diseases, drugs, health, judge, medications, seeking, shocked, unfavorable
Appealing ALJ Decision
I am seeking information from anyone who has appealed a ALJ unfavorable decision??
I was shocked when I read the letter of denial from the judge.There were several errors.One of the DR's was mixed up with another.The dates were wrong.
Another DR was stated as saying no further treatment necessary.However that DR referred me to a specialist for further evaluation.A test that showed nerve damage was never mentioned.
I was treated by a pain clinic for yrs...yet no mention was made.
The ssa filed rcf forms that were counted.My treating specialist rcf form was not referred to.Yes I had a lawyer! For what good it did.
All the lawyer said was that we will appeal because there is error.
A assistant I spoke with at the lawyers office suggested that a request could be made to the ALJ who made the decision to reopen the file.
I thought it had to go to virginia to the appeals review?
I had an appt with my lawyer Friday.I live over an hour away.When I arrived she was not there.Apparently she had tried to contact me to save me the trip.Stated we could have a phone conference.Well it was too late by then!
Still have not heard from her...this is Monday.
I want to be sure she documents the same errors as me!Mae
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- 4 Comments
- Hi Mae so sorry to hear that you were found unfavorable. I to was found unfavorable by the ALJ. It went to Appeals Council and they went with the judge. Then my lawyer took it to the Court of Appeals to the district Judge and he overturned the ALJ decision that took about 6 or 7 months. The judge said that the ALJ didn't even consider my doctors reports so now I have another hearing in front of another ALJ coming up on the 27th of this month. I expect a favorable decision. I hope the best for you also there is alot of time for me its been 5 years. God Bless#1; Wed, 19 Dec 2007 00:25:00 GMT
I appreciate your response.My heart goes out to you.It is a shame that getting our benefits has to be such a battle.Your case sounds similiar to mine.
Medical records vital to my case were never acknowledged.I dought the judge even reviewed them.
How long did it take to hear the decision from the appeals council after you filed? You must have been devastated that they agreed with the judge.
Was it a federal court judge that finally ordered another hearing on the 27th?
My thoughts are with you as I know what a struggle this is. Mae#2; Wed, 19 Dec 2007 00:27:00 GMT
- Hi Mae
It took about 2 months to hear from the Appeals Council. And it was the Federal Judge that ordered another hearing. My second hearing could of went right back to the same ALJ but the Federal Judge said no way that the ALJ was wrong to do what he did and he was suppose to answer up but never did. So the Federal JUdge said it would go to another ALJ for another hearing. So now its suppose to be a new hearing just like before. I do hope everything goes good for you.#3; Wed, 19 Dec 2007 00:28:00 GMT
- May I ask what your process is in your state? I am in Texas and we do not go to any judges until all else fails and my atty doesn't think we can go there. Here it is unheard of. We go to WC first 2-3 times then the IMO board and the the CCH. I am now going to the CCH after 3 denials. Same issue the doctors report is never really read and the WC people misquote all of it and only read the line or two they want. I also wonder what next.#4; Wed, 19 Dec 2007 00:29:00 GMT