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Thread: Why I Lost My SSDI Hearing...

  1. #11
    I met with a firm two weeks ago today but after my husband dropped off the SSA, CD of records, they called and declined the case. I didn't know at that time, the Neurosurgeon's records were missing. I'm going to call that firm today and notify them of my findings...we'll see.

    I've contacted two other law offices. One sent paper work and the other said "no" by phone. If I've been correctly informed, and there is NO back pay at this appeal level, then there's no incentive, (money), for a lawyer to take the case. I may be doing this pro se but at least now, I feel like I have a chance with the additional medical records.

    I'll keep you guys posted as things develop.


    Quote Originally Posted by swh2007 View Post
    I thought you had second SSDI attorney. I personally would get one, even if I had to figure out a way to pay out of pocket. Sorry I can't help more.
    Incomplete, SCI, T1-T8, w/ Arachnoid Cyst. Bilateral shoulder surgeries, 2 on the left, 3 on the right, right forearm surgery for a crushed radial nerve.

    "We can always choose to perceive things differently. We can focus on what's wrong in our life, or we can focus on what's right."
    — Marianne Williamson

  2. #12
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    Quote Originally Posted by Charlottes Web View Post

    I want to find out how the Neurosurgeon's record were left out of my file. I feel certain my attorney knew the records were missing from my file before we went into the hearing! That would explain his behavior.

    Daisy, if you're using an attorney for your hearing, make sure that sucker has the t's crossed and the i's dotted!!! Do you have a court date?

    I am not using an attorney as my issue is not disability determination.

    You may never know the answer as to why your records weren't in the file.
    T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

    My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

  3. #13
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    Try Morgan & Morgan out of Memphis. They usually have pretty good lawyers etc., although I don't know any, handle loads of ssdi cases as I understand it, and say they handle all of TN. Big firm with lots of offices. I'm a lawyer and I had to hire one for my own case. They were out of state and I never met anybody personally. All on the phone.


    Worth a try. It's something with long lasting consequences.
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  4. #14
    Ha, I know, SSDI and SSI is a different kind of law and I'd rather have a lawyer, if I can find one to take this case. I've seen some bad cases but this one takes the cake, and worst of all it's mine!!!! The friend of mine, a Federal Judge, I thought he had retired, but he's still on the bench and ruling on these cases, SO now I can't ask him to advise me in the process! LOL and wondering if I'm unlucky or lucky! My other friends in law would need an attorney for this field too. I may just fair better with a lotto ticket!

    I'll give the Morgan's a call tomorrow. Thanks!

    Quote Originally Posted by swh2007 View Post
    Try Morgan & Morgan out of Memphis. They usually have pretty good lawyers etc., although I don't know any, handle loads of ssdi cases as I understand it, and say they handle all of TN. Big firm with lots of offices. I'm a lawyer and I had to hire one for my own case. They were out of state and I never met anybody personally. All on the phone.


    Worth a try. It's something with long lasting consequences.
    Incomplete, SCI, T1-T8, w/ Arachnoid Cyst. Bilateral shoulder surgeries, 2 on the left, 3 on the right, right forearm surgery for a crushed radial nerve.

    "We can always choose to perceive things differently. We can focus on what's wrong in our life, or we can focus on what's right."
    — Marianne Williamson

  5. #15
    Senior Member Axle's Avatar
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    You see a bill for $25 for records. Did you see (or can you verify) if the payment was made? That could be very important if you decide to pursue a malpractice case.

  6. #16
    Yep, there's a copy of the request for my NS's records from SSA, says they will pay up to $20..00 for my records and the "billing statement" from the NS to SSA asking for $25.00.

    Before the hearing date was set, my former attorney instructed me to call him when I received the notice of hearing date, and we would set up a meeting to review my file. When I received the notice, around Thanksgiving, I called to schedule a meeting with him. He asked which of my records were the most important, and I told him the Neurosurgeon's. He was looking at my files during the conversation. At that point he decided we did NOT need to meet because, in his opinion, my case was in the bag! Looking back, I think he realized at that moment the records were not there, and it was too late to update my file. Also think it's the reason he didn't speak a word throughout my hearing.

    But, I don't know about malpractice. There are laws that protect attorneys. Considering the Judge also marked evidence from doctor's notes that I could take a couple of "wobbly" steps holding onto a nurse and by my own admission, could drive 3 or 4 miles in early 2011 would make a malpractice claim difficult.... I assume. The Judge on my case is relatively new, a little over a year on the bench. I'm pretty sure I'm the first incomplete SCI or arachnoid cyst she's seen! She could not wrap her head around me having some use of my legs and sensation. She obviously Googled "arachnoid cyst" and came up information on asymptomatic congenital cysts...and maybe my posts here, haha! She had decided my case before I ever entered the room!

    It has always been a joke in TN., if you're breathing you get denied SSDI but if you have a good drug addiction and no job you can land SSI, easy! Welcome to TN!


    Quote Originally Posted by Axle View Post
    You see a bill for $25 for records. Did you see (or can you verify) if the payment was made? That could be very important if you decide to pursue a malpractice case.
    Incomplete, SCI, T1-T8, w/ Arachnoid Cyst. Bilateral shoulder surgeries, 2 on the left, 3 on the right, right forearm surgery for a crushed radial nerve.

    "We can always choose to perceive things differently. We can focus on what's wrong in our life, or we can focus on what's right."
    — Marianne Williamson

  7. #17
    Good luck with your case! I hope it goes smooth!

    No, I may never know what happened but I sure felt something..LOL! Thanks for all of your advise!

    Quote Originally Posted by darkeyed_daisy View Post
    I am not using an attorney as my issue is not disability determination.

    You may never know the answer as to why your records weren't in the file.
    Incomplete, SCI, T1-T8, w/ Arachnoid Cyst. Bilateral shoulder surgeries, 2 on the left, 3 on the right, right forearm surgery for a crushed radial nerve.

    "We can always choose to perceive things differently. We can focus on what's wrong in our life, or we can focus on what's right."
    — Marianne Williamson

  8. #18
    Two faxes, four phone calls, a live office visit, compliments of husband, later, and I have the "omitted" medical records from my Neurosurgeon. Enclosed in the records is a clinical note signed by my Dr. in 2009 . It states, I have a symptomatic arachnoid cyst, T3, secondary to a tear in the arachnoid membrane, T3-T4, and cord deviation to the right, T1-T6. Everything is in order.

    Meanwhile, I've picked the brains of every law office handling disability that would answer my questions, to get an idea of how the "request for review" process works. Also, heard from the gentleman within Congress and received a release form to return to him. He has the ability to expedite my case without a review, avoiding the usual 24 month wait time.

    Finally, I'm working 'round the clock to have the "request for review" form with additional evidence ready to send certified mail, within the next couple of days and restore my character, alas!

    It may be a couple of years, but I'll post back when I have the results.

    Thanks again CC Members, for helping me through this crisis!
    Incomplete, SCI, T1-T8, w/ Arachnoid Cyst. Bilateral shoulder surgeries, 2 on the left, 3 on the right, right forearm surgery for a crushed radial nerve.

    "We can always choose to perceive things differently. We can focus on what's wrong in our life, or we can focus on what's right."
    — Marianne Williamson

  9. #19
    Quote Originally Posted by Charlottes Web View Post
    It has always been a joke in TN., if you're breathing you get denied SSDI but if you have a good drug addiction and no job you can land SSI, easy! Welcome to TN!


    The assumption of that "joke" is incorrect. (BTW, I have never heard it, but likely would not have either.) I was approved for SSDI based first application. There was need for neither an attorney nor an appeal.

    Also, SSI is not given in Tennessee to working age, ab adults. Ditto for TennCare, Tennessee's version of Medicaid.

  10. #20
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    Quote Originally Posted by Charlottes Web View Post
    Two faxes, four phone calls, a live office visit, compliments of husband, later, and I have the "omitted" medical records from my Neurosurgeon. Enclosed in the records is a clinical note signed by my Dr. in 2009 . It states, I have a symptomatic arachnoid cyst, T3, secondary to a tear in the arachnoid membrane, T3-T4, and cord deviation to the right, T1-T6. Everything is in order.

    Meanwhile, I've picked the brains of every law office handling disability that would answer my questions, to get an idea of how the "request for review" process works. Also, heard from the gentleman within Congress and received a release form to return to him. He has the ability to expedite my case without a review, avoiding the usual 24 month wait time.

    Finally, I'm working 'round the clock to have the "request for review" form with additional evidence ready to send certified mail, within the next couple of days and restore my character, alas!

    It may be a couple of years, but I'll post back when I have the results.

    Thanks again CC Members, for helping me through this crisis!
    Here is a complete listing of diagnoses that require no attorney or appeal.

    http://www.ssa.gov/disability/profes...ltListings.htm

    Restore your character? What do you mean?
    T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

    My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

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