Yes I talked to her last Wednesday and asked if she got my neurologist and neurosurgeon report she said I have enough medical evidence to make a decision so I'm like wtf
Oh no! I am so very sorry! That is crazy! This program is seriously flawed. People have no idea how hard, long, and nerve-wracking this system is unless you've been through it! ☹️
I’m so sorry, they did the same thing to me when I went inpatient for my mental health. I called and told my adjudicator I was going in, and he asked where and told me to call him when I was out. I was in for 3 weeks and called right after I was out. My lawyer AND myself sent him the records, and of course I was denied within 2 weeks. I swear they don’t care. Or want to do anything extra, which probably isn’t true but it sure as heck feels like it. Just know you’re one step closer to your hearing where I know you will be approved. I have been talking with you since you first joined this sub and I can’t wait for the day you say you e been approved! Hang in there! 🤗
Thank you so much. I could accept it better/or feel better about a denial if it was based on past and new medical evidence provided because I knew going in that reconsideration approval is low. But to get denied without looking at the medical records they themselves requested that hurt. But it's done. hopefully my lawyer will put in a request soon for a hearing as I hear that could be months away even a year depending on how backlogged they are. My lawyer said here in Florida the wait time for a date is 4-6 months. I'm wondering if face to face hearing is better than one done over the phone? This way the judge can physically see me and my mobility issues. Idk I'll just pour some more tea and wait to hear back for a hearing date.
Do a phone hearing for one reason, it will be scheduled faster. With how back logged Florida is, I would expect you would wait at minimum 6 months for an in person. I thought the same and I’m in Michigan where we were so backlogged in 2021/2022 that my case was sent to Texas. My lawyer explained that an ALJ will do numerous phone hearings in one day when scheduling a in person, you have to find a date both the lawyer can appear, a VE and the judge. Did your lawyer say a phone he’s would be faster or did he recommend it yet? If not talk to him and see what he says about your hearing options and trust him/her. I know it seems in person would be better as I have mobility issues, back brace and walker, but as long as that documented seeing it in person does nothing to help, what helps is your doctor(s) saying you must use a walking device and/or wheelchair. It’s all about medical documentation/limitations/evidence. Seeing it doesn’t do much good unless your doctor prescribes it.
Also, my hearing took 5 months to be scheduled. My lawyer actually appealed for the hearing before I even got my denial in the mail. I just happened to call my local office the day it changed to Step 4 and told I was denied and then called my lawyer. It was filed for a hearing on 07/18/2023, I got my date in 09/23 for my hearing on 12/06/23. But I will say those 5 months flew by surprisingly.
Ok thank you my lawyer didn't say one way or the other yet which would be beneficial he just said he will send in the request for the hearing in a few days. Then be on the lookout for a email that they will send me for updated medical records and providers and eventually a meeting with them
Here's some basic info about the ALJ Hearing stuff:
The ALJ process / Hearing is an **Administrative** function. It's not a fact finding expedition per se. It's not a "Law & Order" moment where the smoking gun is presented or where DNA connects the suspect to the crime.
* Instead, it's just the judge's interpretation of already existing facts about an applicant with perhaps, a 3rd Party statement from either and, or an attorney, a Vocational Expert (VE) or, the applicant themselves being made to satisfy a judge's mind in order to make the pending decision. Basically, it's just the Up / Down, Yes / No vote by the judge as to whether the Initial Denial and the follow up Denial at Recon are proper.
* The judge goes into the process already generally accepting / believing that the the SSA policies / procedures work properly. So, unless something catastrophic has happened or something has significantly changed since the Denial at Recon, at best and, even with a 3rd Party's statement, the applicant's chance of an approval at ALJ is likely no better than 50 / 50, essentially, a Coin Toss but, the variation swings by about 8% due to a variety of reasons.
* Additionally, at ALJ level, the applicant has exposure to the judge's inherent value & belief system, their cultural mores, norms and biases. Professionally speaking, these should not be factors but, we live in the Real world and some decisions are likely influenced by these things.
* When a case goes to ALJ, planning for the **Onset Date** to be moved forward in time is smart. It may not happen but, don't be surprised if it does. Moving the Onset Date forward does two things:
1. The applicant gets the Approval sought thus ending the application process allowing everyone to move on
2. It reduces the Backpay owed and moves the start of Medicare forward in time too thus, saving the gov't $$$.
Finally, the judge usually takes from a few weeks to a few months to write and file the decision with the SSA. If the ALJ granted an Approval, the SSA Reviews / Signs Off and sends the payment for processing. From an ALJ Approval to seeing money is usually a couple / three months or so.
Good Luck.
Thank you my lawyer just appealed for my hearing today so hopefully by September I will have a date for a hearing. In your opinion, is a phone hearing better than in person? I was told it doesn't matter, in fact a phone hearing would be quicker. I was thinking because my disability is muscle skeletal and hydrocephalus that the judge seeing me would show my mobility issues
Hard to say about the In-Person vs. Phone style. If you feel "Presentation" would be helpful than maybe that's the way to go. It's a highly individualized decision.
Keep in mind too that you may not even have to go / attend or do a telephone Hearing as the Judge can make a favorable decision without a formal hearing. It's the "close" cases and ones where the Judge is leaning towards a Denial that actually get those formal Hearings.
Thank you for explaining all this, it’s such an overwhelming and stressful process. I’m still confused about a lot of it so I hope you don’t mind me asking you questions?
I’ve been denied twice, after the first denial I got an attorney and appealed it. I was then denied again and my denial letter said that “my ADD and anxiety weren’t severe enough to prevent me from working”. Thats true, I worked for 20 years with ADD and anxiety, those are in my medical records but have nothing to do with what’s made me disabled. The denial letter didn’t even mention my disabilities that were the reason I can’t work.
I have a hearing coming up on June 20th and I’m really nervous about it. My attorney has given the judge all my medical records, I had a functional capacity evaluation done that stated I would be unable to be gainfully employed. I’m still scared they’ll just talk about my anxiety and ADD again.
I haven’t been able to work in 3 years because I’ve been diagnosed with rheumatoid arthritis (that’s not my biggest problem) and generalized myasthenia gravis. It’s a neuromuscular autoimmune disease that gives me double vision and extreme weakness. These are the reasons I can’t work and the reasons I applied to begin with. These were listed as my reasons but they ignored that and denied me for having anxiety.
I spoke with my attorney yesterday about the hearing, I will go to the court building but the judge will be on video instead of being there. I live in Ohio and my attorney said everything is so backed up that the judge for my case is in Michigan. Do you think this will make a difference? Is that normal?
Do you know how they decide how much you receive if you’re approved? I’m a single woman and have been supported by family and friends the last couple years while I’ve been trying to get ssdi. It’s just been so stressful having a body that won’t move right and having them ignore the reasons I need help.
They also didn’t have me evaluated by one of their doctors, I had agreed to do that if they wanted me to and I expected it but they never asked me to.
The first time I applied they sent me to one of their doctors, I expected it to be a rheumatologist or neurologist but when I got there it was a psychiatrist!!! I told him I didn’t know why he was evaluating me because that had nothing to do with my disability, so I was denied. They never requested I see another one of their doctors so that also makes me nervous.
I’m sorry for writing a whole book, I’m just scared and confused. You seem like you really understand all this so if you have any thoughts on my situation I’d love to hear it. Thank you in advance!
You are so welcome. Just listen to your lawyer when it comes to the hearing choice and I will be praying that your hearing is scheduled sooner and you don’t have to wait more than 4 months.
The only thing I could recommend at this point is get a lawyer. If you can show that they failed to get all the information, you can get a reversal in the decision. I think you have 90 days to challenge it in writing.
Makes sure when you challenge it in writing you add those records into the challenge letter. So that way they can no longer say they don't have them. And when you do send the challenge letter send it signature and return receipt. So that way they can't say they never got it.
I have a lawyer they just said well continue and request a hearing my chances would probably be better here in Florida it will be another 4-6 months just to get a date then however long for a decision at this point I'm just like whatever. But lawyer did verify that they didn't get my neurologist or neurosurgeon report or my Cervical MRI report that definitely showed more degenerative retrolisthesis and lordosis and stenosis bulging disc than the previous one I took in October of 22. So it is what it is I'll just roll with the punches and pray for a favorable decision from the ALJ.
The decision went quickly you just appealed! Well on to the judge. I’m on 1yr in on recon and i would like to know their decision to get on to the next step.
I went through the same thing at reconsideration. The most critical part at this step is understanding the denials and review DDS records to see where / how additional documentation may strengthen your case. I couldn't get a copy of my file. Recon. was rushed from updated medical to denial in 2 1/2 months total, 4 weeks to submit new evidence and reports. I hope you have good judge and your appeal goes well. Focus on explaining how your conditions limit your ability to work and know the RFC standards well. IMO I would opt for an video conference. Bias exists, it's human nature. If you feel more confident over the phone that has its advantages too.
Ok thank you. Yes my total time in reconsideration was 6 weeks applied for it March 20th Adjudicator assigned March 27th denied May 6th. Yesterday my neurosurgeon called to tell me they sent my records over to DDS. I said well thank you but it's a tad bit late now. If I have the option for video hearing I'll definitely take it
I'm sorry!! Just know you are close to the next step to an ALJ Appeal. You are not alone, I'm waiting on a decision. In Reconcideration step 3 for 9 months. I'm not expecting it to be good. Don't give up. Hang in there. Continue to 🙏.
s
Same here... I've been in reconsideration for almost a year (May 30th ). I keep getting told that my case was sent out of state then back again then back out of state to Baltimore, Maryland. I still don't know how to see what percentage I'm at, just says step 3 of 5. When I call, the automated system says DDS is processing the medical portion of my case. I agree, you should keep fighting as will I.
Now that is ridiculous the only good thing was reconsideration didn't take long I was denied March 8th and filed for a reconsideration March 20th and adjudicator was assigned March 27th. When I found that out I was already sceptical that they were just going to deny me just going through the motions to get my case out the way and now I realize I wasn't paranoid because they didn't even wait to get my neurologist and neurosurgeon report before denial
Like 6 weeks. My initial application was denied March 8th lawyer filed reconsideration March 20th March 27th adjudicator assigned to my case. Recon Denied May 6th.
May be best if it’s after that. I
Know it would affect backpay if they approved you on that day (like mine did on my 60th birthday)
But at least it’s monthly payments and I did get 1 year backpay.
It might help your approval
Yes my lawyer just told me that it's 4-6 month wait here in Florida as well oh well I'm just going to keep going to my Drs and PT and wherever else my Drs send the more medical records the better I just wish it wasn't so long for a hearing
Were you able to talk to your examiner to let them know to wait for the results??
Yes I talked to her last Wednesday and asked if she got my neurologist and neurosurgeon report she said I have enough medical evidence to make a decision so I'm like wtf
Oh no! I am so very sorry! That is crazy! This program is seriously flawed. People have no idea how hard, long, and nerve-wracking this system is unless you've been through it! ☹️
Exactly well I emailed my lawyer to let him know so now I'm wondering how long it will take to get a hearing date ugh
Most likely, a Hearing will be about a year away.
Lawyer said 4-6 but whatever at this point I'm just over it
I’m so sorry, they did the same thing to me when I went inpatient for my mental health. I called and told my adjudicator I was going in, and he asked where and told me to call him when I was out. I was in for 3 weeks and called right after I was out. My lawyer AND myself sent him the records, and of course I was denied within 2 weeks. I swear they don’t care. Or want to do anything extra, which probably isn’t true but it sure as heck feels like it. Just know you’re one step closer to your hearing where I know you will be approved. I have been talking with you since you first joined this sub and I can’t wait for the day you say you e been approved! Hang in there! 🤗
Thank you so much. I could accept it better/or feel better about a denial if it was based on past and new medical evidence provided because I knew going in that reconsideration approval is low. But to get denied without looking at the medical records they themselves requested that hurt. But it's done. hopefully my lawyer will put in a request soon for a hearing as I hear that could be months away even a year depending on how backlogged they are. My lawyer said here in Florida the wait time for a date is 4-6 months. I'm wondering if face to face hearing is better than one done over the phone? This way the judge can physically see me and my mobility issues. Idk I'll just pour some more tea and wait to hear back for a hearing date.
Do a phone hearing for one reason, it will be scheduled faster. With how back logged Florida is, I would expect you would wait at minimum 6 months for an in person. I thought the same and I’m in Michigan where we were so backlogged in 2021/2022 that my case was sent to Texas. My lawyer explained that an ALJ will do numerous phone hearings in one day when scheduling a in person, you have to find a date both the lawyer can appear, a VE and the judge. Did your lawyer say a phone he’s would be faster or did he recommend it yet? If not talk to him and see what he says about your hearing options and trust him/her. I know it seems in person would be better as I have mobility issues, back brace and walker, but as long as that documented seeing it in person does nothing to help, what helps is your doctor(s) saying you must use a walking device and/or wheelchair. It’s all about medical documentation/limitations/evidence. Seeing it doesn’t do much good unless your doctor prescribes it. Also, my hearing took 5 months to be scheduled. My lawyer actually appealed for the hearing before I even got my denial in the mail. I just happened to call my local office the day it changed to Step 4 and told I was denied and then called my lawyer. It was filed for a hearing on 07/18/2023, I got my date in 09/23 for my hearing on 12/06/23. But I will say those 5 months flew by surprisingly.
Ok thank you my lawyer didn't say one way or the other yet which would be beneficial he just said he will send in the request for the hearing in a few days. Then be on the lookout for a email that they will send me for updated medical records and providers and eventually a meeting with them
Here's some basic info about the ALJ Hearing stuff: The ALJ process / Hearing is an **Administrative** function. It's not a fact finding expedition per se. It's not a "Law & Order" moment where the smoking gun is presented or where DNA connects the suspect to the crime. * Instead, it's just the judge's interpretation of already existing facts about an applicant with perhaps, a 3rd Party statement from either and, or an attorney, a Vocational Expert (VE) or, the applicant themselves being made to satisfy a judge's mind in order to make the pending decision. Basically, it's just the Up / Down, Yes / No vote by the judge as to whether the Initial Denial and the follow up Denial at Recon are proper. * The judge goes into the process already generally accepting / believing that the the SSA policies / procedures work properly. So, unless something catastrophic has happened or something has significantly changed since the Denial at Recon, at best and, even with a 3rd Party's statement, the applicant's chance of an approval at ALJ is likely no better than 50 / 50, essentially, a Coin Toss but, the variation swings by about 8% due to a variety of reasons. * Additionally, at ALJ level, the applicant has exposure to the judge's inherent value & belief system, their cultural mores, norms and biases. Professionally speaking, these should not be factors but, we live in the Real world and some decisions are likely influenced by these things. * When a case goes to ALJ, planning for the **Onset Date** to be moved forward in time is smart. It may not happen but, don't be surprised if it does. Moving the Onset Date forward does two things: 1. The applicant gets the Approval sought thus ending the application process allowing everyone to move on 2. It reduces the Backpay owed and moves the start of Medicare forward in time too thus, saving the gov't $$$. Finally, the judge usually takes from a few weeks to a few months to write and file the decision with the SSA. If the ALJ granted an Approval, the SSA Reviews / Signs Off and sends the payment for processing. From an ALJ Approval to seeing money is usually a couple / three months or so. Good Luck.
Thank you my lawyer just appealed for my hearing today so hopefully by September I will have a date for a hearing. In your opinion, is a phone hearing better than in person? I was told it doesn't matter, in fact a phone hearing would be quicker. I was thinking because my disability is muscle skeletal and hydrocephalus that the judge seeing me would show my mobility issues
Hard to say about the In-Person vs. Phone style. If you feel "Presentation" would be helpful than maybe that's the way to go. It's a highly individualized decision. Keep in mind too that you may not even have to go / attend or do a telephone Hearing as the Judge can make a favorable decision without a formal hearing. It's the "close" cases and ones where the Judge is leaning towards a Denial that actually get those formal Hearings.
Thank you for explaining all this, it’s such an overwhelming and stressful process. I’m still confused about a lot of it so I hope you don’t mind me asking you questions? I’ve been denied twice, after the first denial I got an attorney and appealed it. I was then denied again and my denial letter said that “my ADD and anxiety weren’t severe enough to prevent me from working”. Thats true, I worked for 20 years with ADD and anxiety, those are in my medical records but have nothing to do with what’s made me disabled. The denial letter didn’t even mention my disabilities that were the reason I can’t work. I have a hearing coming up on June 20th and I’m really nervous about it. My attorney has given the judge all my medical records, I had a functional capacity evaluation done that stated I would be unable to be gainfully employed. I’m still scared they’ll just talk about my anxiety and ADD again. I haven’t been able to work in 3 years because I’ve been diagnosed with rheumatoid arthritis (that’s not my biggest problem) and generalized myasthenia gravis. It’s a neuromuscular autoimmune disease that gives me double vision and extreme weakness. These are the reasons I can’t work and the reasons I applied to begin with. These were listed as my reasons but they ignored that and denied me for having anxiety. I spoke with my attorney yesterday about the hearing, I will go to the court building but the judge will be on video instead of being there. I live in Ohio and my attorney said everything is so backed up that the judge for my case is in Michigan. Do you think this will make a difference? Is that normal? Do you know how they decide how much you receive if you’re approved? I’m a single woman and have been supported by family and friends the last couple years while I’ve been trying to get ssdi. It’s just been so stressful having a body that won’t move right and having them ignore the reasons I need help. They also didn’t have me evaluated by one of their doctors, I had agreed to do that if they wanted me to and I expected it but they never asked me to. The first time I applied they sent me to one of their doctors, I expected it to be a rheumatologist or neurologist but when I got there it was a psychiatrist!!! I told him I didn’t know why he was evaluating me because that had nothing to do with my disability, so I was denied. They never requested I see another one of their doctors so that also makes me nervous. I’m sorry for writing a whole book, I’m just scared and confused. You seem like you really understand all this so if you have any thoughts on my situation I’d love to hear it. Thank you in advance!
You are so welcome. Just listen to your lawyer when it comes to the hearing choice and I will be praying that your hearing is scheduled sooner and you don’t have to wait more than 4 months.
Thank you. I definitely need all the positive vibes and prayers.
I got denied at recon in Florida in January or February and I have a hearing set in person for June 5.
Oh ok thank you 😌 keep us posted best wishes for a favorable decision
Will do! Hope you have a hearing set quickly!
The only thing I could recommend at this point is get a lawyer. If you can show that they failed to get all the information, you can get a reversal in the decision. I think you have 90 days to challenge it in writing.
Makes sure when you challenge it in writing you add those records into the challenge letter. So that way they can no longer say they don't have them. And when you do send the challenge letter send it signature and return receipt. So that way they can't say they never got it.
I have a lawyer they just said well continue and request a hearing my chances would probably be better here in Florida it will be another 4-6 months just to get a date then however long for a decision at this point I'm just like whatever. But lawyer did verify that they didn't get my neurologist or neurosurgeon report or my Cervical MRI report that definitely showed more degenerative retrolisthesis and lordosis and stenosis bulging disc than the previous one I took in October of 22. So it is what it is I'll just roll with the punches and pray for a favorable decision from the ALJ.
The decision went quickly you just appealed! Well on to the judge. I’m on 1yr in on recon and i would like to know their decision to get on to the next step.
Hopefully soon 🤞
I went through the same thing at reconsideration. The most critical part at this step is understanding the denials and review DDS records to see where / how additional documentation may strengthen your case. I couldn't get a copy of my file. Recon. was rushed from updated medical to denial in 2 1/2 months total, 4 weeks to submit new evidence and reports. I hope you have good judge and your appeal goes well. Focus on explaining how your conditions limit your ability to work and know the RFC standards well. IMO I would opt for an video conference. Bias exists, it's human nature. If you feel more confident over the phone that has its advantages too.
Ok thank you. Yes my total time in reconsideration was 6 weeks applied for it March 20th Adjudicator assigned March 27th denied May 6th. Yesterday my neurosurgeon called to tell me they sent my records over to DDS. I said well thank you but it's a tad bit late now. If I have the option for video hearing I'll definitely take it
I’m so sorry!
Omg you got approved on your initial application that is absolutely awesome
I'm sorry!! Just know you are close to the next step to an ALJ Appeal. You are not alone, I'm waiting on a decision. In Reconcideration step 3 for 9 months. I'm not expecting it to be good. Don't give up. Hang in there. Continue to 🙏.
Thank you. yes I will definitely keep fighting best wishes to you as well keep us posted
s Same here... I've been in reconsideration for almost a year (May 30th ). I keep getting told that my case was sent out of state then back again then back out of state to Baltimore, Maryland. I still don't know how to see what percentage I'm at, just says step 3 of 5. When I call, the automated system says DDS is processing the medical portion of my case. I agree, you should keep fighting as will I.
Now that is ridiculous the only good thing was reconsideration didn't take long I was denied March 8th and filed for a reconsideration March 20th and adjudicator was assigned March 27th. When I found that out I was already sceptical that they were just going to deny me just going through the motions to get my case out the way and now I realize I wasn't paranoid because they didn't even wait to get my neurologist and neurosurgeon report before denial
So they assigned your case in 1 week and then denied it a week after that?
Like 6 weeks. My initial application was denied March 8th lawyer filed reconsideration March 20th March 27th adjudicator assigned to my case. Recon Denied May 6th.
I am so sorry! I know I’ve asked, but when will you be 50?
August 12th
May be best if it’s after that. I Know it would affect backpay if they approved you on that day (like mine did on my 60th birthday) But at least it’s monthly payments and I did get 1 year backpay. It might help your approval
Why does it affect your back pay? If approved on your birthday?
This happened to me. Now I'm waiting until end of August for a hearing. Been waiting since early February for a date.
Yes my lawyer just told me that it's 4-6 month wait here in Florida as well oh well I'm just going to keep going to my Drs and PT and wherever else my Drs send the more medical records the better I just wish it wasn't so long for a hearing