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  1. #1
    Join Date
    Jan 2019
    Posts
    4

    Default Denied Request for Reconsideration After Receiving SSI for a Few Years

    Hi so I just appealed and requested a hearing with an administrative law judge. I wanted to know my options to make sure I don't lose this one. Can I get an attorney at this point or is there something else I can do?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,228

    Default Re: Denied Request for Reconsideration After Receiving SSI for a Few Years

    Getting an attorney is the one thing you can do that will increase your chance of winning.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,200

    Default Re: Denied Request for Reconsideration After Receiving SSI for a Few Years

    Yep, there are attorneys who specialize in that (I have a good friend who is one). Besides, there's no "magic" we can tell you since we don't know why you were turned down to begin with.

  4. #4
    Join Date
    Jan 2009
    Location
    California
    Posts
    1,036

    Default Re: Denied Request for Reconsideration After Receiving SSI for a Few Years

    Your title said you were receiving SSI for a few years but now you are waiting for an ALJ. So does that mean you were getting SSI and it stopped because you were no longer disabled? If not, why did it stop before? Excess income, incarceration, excess resources, living outside the US?

    The very best decision you can make now is to find an attorney. You need someone to present your case who knows the law. Statistics show that people with attorneys at the ALJ level get more approvals than people without attorneys. Shop around. Figure out how much involvement you want. You can choose a local small firm and pick the lawyer or a large national firm who assigns a lawyer. Find out if they will take your case to the Appeals Council or to Federal Court if you are denied.

    If this an SSI only case, you may have a harder time finding a rep because there is often a lower fee. The fee is based on the amount of retroactive benefits. The attorney only gets paid if you get paid, usually 25%. Don't forget that 75% of something is much more than 100% of nothing.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,200

    Default Re: Denied Request for Reconsideration After Receiving SSI for a Few Years

    Most likely he stopped getting SSI because they feel he doesn't meet the need test (too much income/assets). But all is conjecture.

  6. #6
    Join Date
    Jan 2019
    Posts
    4

    Default Re: Denied Request for Reconsideration After Receiving SSI for a Few Years

    It was a renewal. Sorry I was trying to follow the post rules. They're trying to cut me off from SSI totally by saying the new medical records show I've improved and that because there is an increase in muscle mass, I am now able to work. There are no new medical records and an increase in muscle mass doesn't mean decease in pain, that's what their pretense is. Obviously trying to deny me. I do have the choice to take it to appeals council and then federal but that's what I'm trying to avoid. I called them last friday for a list of people who can help and still haven't got it hmm.. They provided me with some one who was an attorney but helped people win their case. She helped me win mine.

  7. #7
    Join Date
    Jan 2009
    Location
    California
    Posts
    1,036

    Default Re: Denied Request for Reconsideration After Receiving SSI for a Few Years

    Well, the decision that you are not disabled is not a pretense, it is an official cessation of benefits. You may disagree with it, but it is not a pretense.

    You went through a CDR, Continuing Disability Review. You say it is SSI. Some people confuse the programs. Are you certain you are just getting SSI and that you are not getting SSDI?

    SSA can provide a general list of Social Security attorney organizations and you can shop around to find one willing to take your case. Are you still getting paid on the appeal? Did you request your benefits continue through the hearing? The attorney is not going to represent you for free and not all will take cessation cases because it can be difficult for them to get paid out of the retroactive benefits if you have already been paid.

    Did you have an attorney on your original award? That would be the first person to interview.

    Did you read through your full denial notice and did you get ask for a CD copy of your file to read the entire file? Did SSA obtain all your recent (last two years) medical evidence? You may want to research your condition by reading up on it. I think the decision is based on more than just an increase in muscle mass. And why aren't there any new medical records? Do you not see doctors and get medical care for your serious condition that prevents you from working? Just what are you diagnosed with and why can't you hold a simple, unskilled, sedentary job?

    https://www.ssa.gov/disability/professionals/bluebook/

    Your best chance of getting continued is at the ALJ level which means you need to be very proactive and involved about this even if you find an attorney. Very few cases are reversed at the AC level or federal court level.

    You have 10 days from the date of the notice to file the appeal with payment continuation. You have 60 days to file the appeal without payment continuation. What is the date of your notice?

    If you want to provide additional details about your age, prior diagnoses, current diagnoses, original date of entitlement, how much recent medical (last two years) treatment you have had, someone here might be able to give you some specific advice. There are other forums that you can ask the same questions. But none of this will be as helpful as having an attorney who has read your file and believes in your case. But it is not free.

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