March 28, 2009
Rheumatoid Arthritis Claimant Gets Denied – What Can She Do Next
I just got unfavorable decision for my SSI Disability and I can hardly walk or use my hands. I have RA and my doctor said I was permanently disabled. So why am I being denied?
- LaTrica
My response: LaTrica, firstly you should understand that there is an appeal you can filed to challenge the unfavorable decision. In most jurisdictions, the appeal would be to the Appeals Council in Falls Church, Virginia. In some limited jurisdictions the appeal would be directly to federal district court.
Either way, you should speak with your attorney about filing the appropriate appeal. Your appeal needs to be filed within 60 days, so don't delay. You should also speak with your attorney about filing a new claim for benefits.
Appellate work and new filing strategies should not be pursued without the aid of an attorney. With regard to the appeal, there are some lawyers who specialize in post-ALJ hearing appellate work. If your lawyer does not regularly handle appeals, you should ask for a referral. Whatever you do, don't wait until the last minute.
As far as why your case was denied, there could be many reasons that your judge relied upon:
- did you have a definitive diagnosis of RA from a rheumatologist, or did your internist or an emergency room physician suggest that you might have RA?
- is there evidence of substance abuse that served as a "material contributing factor" to your inability to work?
- was the judge arbitrary and unreasonable?
- are there medical reports in your file that suggest you are a malingerer, a drug seeker, or that you are exaggerating your limitations?
- did your lawyer fail to develop testimony that painted a true picture of your limitations?
- was there a lack of convincing support from your treating doctors?
Every case has some strengths and some weaknesses. The judge is supposed to set out clearly his reasons for turning you down. A good appellate lawyer will identify weaknesses in the judge's reasoning and find an angle to attack the logic of the decision.
I can only imagine how frustrating it must be to receive an unfavorable decision when your medical condition truly limits your ability to function. Best of luck to you.
Filed under Appeal issues, Rheumatoid arthritis and disability by
Comments on Rheumatoid Arthritis Claimant Gets Denied – What Can She Do Next
I agree with John 100%. You definately need to talk to your attorney or representative about your appeal options. And do it sooner than later. You should also consider filing a new claim for benefits while you appeal your unfavorable decision.
I have been a disability representative since 2001, and I recently had a client who was denied by the Administrative Law Judge and then the Appeals Council. She filed a new application while her current appeal is pending in federal court. Her new application was approved at the initial level. She at least has an income now while the denial of her previous claim continues in federal court. If you wait to file your new claim after receiving a federal court denial, then you will be starting from scratch when you could have already been having your new claim processed the whole time your appeal was pending.
Although difficult, cases can also be won at the Social Security Appeals Council. I just received an order from the Appeals Council remanding one of my clients' cases back for a new hearing after it was determined that the Administrative Law Judge made several mistakes. If you have any new evidence, and you appeal to the Appeals Council, then you should make sure that you submit it with your appeal. Your attorney or representative should also file a written brief with the Appeals Council arguing why the Administrative Law Judge's decision should be overturned.
And by all means, if you are not represented, then you need to find a representative in your area who can help you. It will be worth it to you to pay a representative a portion of your back pay if that is what it takes for you to have an income for the rest of your life and get medicare to help pay your medical bills.
I was wondering if anyone has had a five year CDR for rheumatoid arthritis. I am scheduled for one shortly and I am wondering what to expect and if there is anything I can start doing now to make it easier. Thanks.
Mr Ginsberg,I think I must have read everything you wrote about the Disability process..I hope you can write my appeal.I whould love to talk to you if only for 5 min..Judge Cornik looked for any small issue to deny me…I'm sitting here in pain right now wondering what to do..will any one hire a unskilled,over 50 afican american man with a bad back..this women is so wrong…I hope you can help me file HA-520..I dont like to loose when I know I'm right.I'll stick this out for years if I have to…