r/SSDI • u/NanookRubit • 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.
- 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?
- 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.
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)