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.

Post from: Social Security Disability Blog

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