Anyone been to the federal level for SSD???

Discussion in 'Fibromyalgia Main Forum' started by deb_46, Oct 28, 2008.

  1. deb_46

    deb_46 New Member

    Hi everyone,

    Quick update, I have CFS and herniated disc and was denied at my ALJ hearing. My case has been picked up by an attorney that takes on cases that she believes were wongly denied. I was thrilled when she called me the other day as I had pretty much figured I was dead in the water and had already started another claim.

    So we are taking it to the federal level. She didn't have all my info when she called but said just from what she had in front of her she saw several things that the judge was at fault with. One being, she said he totally disregared the fact that I have been properly diagnosed with CFS by multiple doctors and he chose to play doctor and tried to say I didn't really have it and she said he doesn't get to do that. I'm probably looking at another year or so fighting at this level she said.

    Just curious if anyone else had went this far and if so how did it go. My original attorney said more cases are won than lost at that level. I think she said she wins about 50% so there is a difference of opinion there.

  2. jmq

    jmq New Member

    I just wanted to go girl! I am so happy to see that you and your atty are still fighting. I am still waiting for my first ALJ hearing. Its encouraging to know there are more steps you can take to fight for what we need.

    God bless you and keep us updated

  3. deb_46

    deb_46 New Member

    I will. I was even denied by the appeals council that comes after you are denied at the hearing level. I think what this attorney will try to get is a remand which if I understand right will put me back at the hearing level to go before a judge again. I hope to God if that happens I don't get the same one as I've found out since he very very rarely grants anyone a favorable decision.

    Thanks again

  4. wildflowers2

    wildflowers2 New Member

    that social security has the right to give back to the same ALJ that denied you. and they the ALJ in turn has the right to correct their mistakes ans STILL DENY YOU.......

    and ask your attorny HOW long to go to court as it that level it can take years........

    that is why a new claim is put in. However, your new date for being disabled is the date you got, you loose your back years......

    sorry for this........
    how many doctors are you seeing????

    many blessings
  5. deb_46

    deb_46 New Member

    that I could get the same judge but said they rotate them in my area and hopefully that wouldn't happen. Of course, my prayer is that they immediately reverse the judge's decision and I don't have to fight anymore, she said that does happen on occassion but not often.

    I've seen many docs over the past five years or so but right now I'm focusing on my primary that keeps me in scripts for my thyroid and adrenal meds and gets it that I'm disabled and wrote me a good letter to that affect. I've recently started with a psych in hopes of helping my case as well as I'm at the end of my last nerve with all this as well as being in a bad marriage. I went to a new doc a couple of weeks ago as I've been having alot of pain all over for about a year or so and finally gave in to see if he thinks I have FM and got a call yesterday and they said on my RF factor lab it should not have been above 14 and mine was 24 so I'm guessing I'm fixing to be dx with RA.

    Thank you for your blessings, I truly need them.

    [This Message was Edited on 10/29/2008]
  6. BlueSky555

    BlueSky555 New Member

    My friend hired an attorney, (the same one I had-she referred me to this attorney after her case was final). Anyway, my friend was denied at every level and had to go to the federal level. She had FM and had a cervical bone fusion. "Our" attorney represented her all of the way and my friend won at that level. SSA lost her paperwork and it took a total of 7 years waiting but finally made it.

    Don't give up; I won at my first ALJ with this attorney.

    Hang in there and good luck,


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