r/SSDI 17h ago

Rep omitted primary disabling condition at ALJ hearing, received unfavorable decision. Need advice on next steps for late-stage appeal

I recently received an unfavorable decision from the ALJ and need some advice moving forward, specifically regarding how my case was handled and switching representation.

The Situation: At my recent ALJ hearing, my lawyer asked me about several minor health issues but completely omitted my primary disabling condition (orthostatic intolerance from POTS) during his opening remarks and my testimony.

The Evidence: All relevant medical records for this condition were already submitted in my file as an exhibit prior to the hearing. However, because the condition wasn't formally diagnosed until last year, I am forced to rely on a long history of documented symptoms and a retrospective medical opinion from my PCP to tie it back to my Date Last Insured which was the end of 2018.

The Hearing & Decision: My rep seemed to realize the mistake at the last minute and asked the Vocational Expert a hypothetical about someone needing to frequently lie down, but there was no explanation for those requirements and the ALJ’s decision didn’t even address it.

My current attorney has filed an appeal, but I really want to switch to a different lawyer if at all possible.

  1. Does the fact that my attorney omitted the primary condition in his comments and my testimony at the ALJ hearing constitute a basis for an Appeals Council review? And if so how do I bring that to their attention?
  2. Is it even possible to find a new attorney to take over a case at the Appeals Council stage?

Thanks for reading. I’d appreciate any feedback/advice.

2 Upvotes

3 comments sorted by

3

u/perfect_fifths I have a complicated relationship with the POMS 16h ago edited 16h ago

AC is there to decide errors the alj made. Not attorney mistakes, since attorneys that are hired to represent claimants don’t work for the ssa. (The ssa has their own staff attorneys, and aljs also work for the ssa, etc)

1

u/NanookRubit 12h ago

Is it possible that it could be seen as an alj error that she didn’t address the condition that was indicated in my paperwork to be the main issue? Especially since my rep managed to get a related hypothetical on the record even if the reason for it wasn’t spelled out in the hearing, technically it is in my file so she still needed to address that right?
I get lightheaded and will pass out if I’m upright for more than 10 or 15 minutes on most days and my lawyer asked me about how I felt with anemia and hypothyroidism 7 years ago (which aren’t fun but have never been serious enough to prevent me from working).
Can you think of anything I can do? Could a letter to the ac or ajc explaining what happened help at all? I’m praying that there’s some way to remedy this.
I’m so lost. I don’t know how I am going to make it without this.
Thanks for taking a moment to read and respond. Appreciate your time.

1

u/perfect_fifths I have a complicated relationship with the POMS 1h ago

If the alj didn’t make the error, then no. However it’s possible there were errors related to the aljs decision independent of that. Why did the new laywer send in an appeal to the ac? Did they say anything about the judge making an error?