May 26, 2008
Case Studies and Case Strategies
Over the past few months, I have added a new section to my Georgia Social Security Disability Attorney web site called "Case Strategies and Case Studies." The purpose of this section is to set out strategy summaries for the cases I am trying before Social Security Administrative Law Judges.
For each medical or mental health condition, I will set out my general approach to the issues associated with that condition and I will add case studies where I will discuss specific cases - what went right, what went wrong and why I did what I did.
The most recent addition to this section is a strategy/case study on HIV/AID's cases. This is my most recent and most complete case study section on the site. You will also see case studies about arthritis, back pain, depression, fibromyalgia, multiple sclerosis and seizure disorder. I will be updating this section of my web site as frequently as I can.
If you find these case studies and strategy papers helpful, please "vote" for these articles using the social bookmark links I have at the bottom of the web site pages.
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Filed under Case studies, Strategies for winning by Jonathan Ginsberg
Comments on Case Studies and Case Strategies »
Hi Jon, 07/30/08
I have a question regarding my appeal. It has been 25 months since my intial application/interview for SSDI benefits. It has now been 18 months since my denial and appeal before an ALJ.
My attorney has continually told me I am doing all the right things. I have been consistently giving his administrative assistant up to date records, as I have been seen and treated by my primary care physician, specialists, and mental health providers.
Is it possible that the judge will look at my case and decide it on the record vs. make us go to an appeal hearing? Since my attorney has been sending my records as we go? My case was originally decided favorable but before benefits were paid my case was sent for "Quality Assurance Review" and you guessed it, they overturned the decision stating that that my conditions were not severe enough for me to qualify. **There was enough information–someone screwed up.
Since my appeal (January 2007) my health has deteriorated. That is why I ask if there is any way a judge can decide it without me having to wait wait wait for a hearing. Its been 18 months since filing the appeal and my attorney just advised me it can now take a full 24 months–which means Feb 2009 and then wait wait wait if it is favorable for the money.
Do you have any advice? Since I have an attorney I feel awkward going to one of the State Representatives here. Even my attorney has that its going to take time attitude. It really irks me that a person has to lose nearly everything–and everyone in their life until someone actually takes the time to read the file. In my case I should have never had to wait this long. Do you have any words of encouragement? Thank you in advance and God bless you,
Donna
Donna, thanks for the comment and the kind words. The backlog you are describing is far too common. Social Security is addressing the problem by using videoconferencing to schedule hearings with judges in remote locations, and by moving to a paperless file system. They still have a long way to go, but at least there is a legitimate effort.
Your attorney is the best source of advice as to the delays in your area and about whether you should turn to an elected representative.
Good Luck!
this makes no sence to me at all . if you work all your life a nd become disabled . it should not have to go to court . you should be aproved by the case worker that took your case . when things are well documented by your doctors it should be automatic . most people dont work thirty to fourty years , and just stop working to try and get ssdi . in my case i worked the same job 34 years then became disabled . now i will have to wait for a judge because the people [ case workers ] cant make a desion or good dession on their own .
Tony, payments based on age do not require any subjective decision making - you qualify for Social Security retirement when you reach age 65. Disability, however, is based on a subjective standard - are you unable to engage in substantial work because of a medical condition that has lasted 12 consecutive months. A detailed and complex decision making process has been developed by Social Security to reach decisions on disability applications. The adjudicators (case workers) have minimal training and therefore minimal authority. Essentially, if you don't meet a listing at the initial or reconsideration level, you are not going to get approved. Judges have more training and much more authority.