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  1. #1

    Default Meaning of a sentence in SSA civil case

    I am filing a civil case against the SSA. One line of the explaination from the court on the briefs is: "(b) a summary of the administrative proceedings before the Secretary,". Just who, or what, does the secretary represent? Social Security? The Administrative Law Judge? The last hearing?
    Ack! This is a daunting task I am conducting Pro Se so help wherever I can find it is greatly appreciated.
    Thank you.

  2. #2
    Join Date
    Sep 2004
    Posts
    759

    Default Who represents whom at an SSA hearing

    It isn't entirely clear from your post, as you have not given us the context from the pleading you are drafting or using, but it sounds like you are appealing an adverse administrative decision and are thus making a reference ot the Social Security Administration's hearing officer.

  3. #3

    Default Explanation

    Thanks, aaron. It was a bit vague at that. I have been through going on eight years of filing, hearings and appeals with the SSA. They are claiming I can return to a previous occupation, one the SSA declared I could no longer do in a previous unrelated claim, and I am forced to file a civil case against the SSA for redress. I am working Pro Se so I have to do all the paperwork myself. As such I am having trouble with some of the terms.
    I have filed the complaint, received acknowledgement from the court and the next steps in order to proceed. One of them is the Informational Order from the court on the time table and items required to continue the case.
    A bit down the road I must submit an "offer" to the SSA and they will make a "counter-offer". If we cannot come to terms then the case gets remanded for trial. Then each side much file a brief with the court. It must contain the following (paraphrased for length):
    (a) Description of my injuries and why I can't work;
    (b) A summary of the adminstrative proceedings before the Secretary;
    (c) Medical evidence;
    (d) Testimony at administrative hearing;
    (e) A recitation of the Secretary's findings and the conclussions relevant to the plaintiff's claims;
    (f) Plaintiff's legal claims;
    (g) Arguments for each claimed error.
    There is more but these two italicised references are the only related to the Secretary. And I can't find a definite answer as to whom or what this might be. I hope that is enough "context" to explain the situation.

  4. #4
    Join Date
    Sep 2004
    Posts
    759

    Default The Secretary's Findings

    By all appearances, they want a summary of what happened at the prior administrative hearing, and a recitation of the ruling (findings and conclusions) made at the conclusion of that hearing.

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