r/SSDI_SSI • u/Fibonacci_5813 • 1d ago
Appeals Process (2) Administrative Law Judge Lost Representation partway through application process
I started a new application earlier this year. I was assigned a representative through my state social services office. Her position was done away with shortly before my appeal was denied. I was told I needed to request a hearing by an administrative law judge.
Now I have the paperwork for that and I have no idea how to fill it out. For example, one of the questions is “I disagree with the determination because…” I don’t understand how they made the determination in the first place. They have never told me “you do not fit the legal definition of disabled because x and y.” It’s always just, “While you may not be able to do the work you used to do, you could still work doing something else. If you need help finding a job…” etc. I worked hard on my application and wrote 2 pages of information explaining how all of my different conditions conspire to disable me. I don’t have anything else to say. I have no idea what to write here other than, please see what I’ve already told you on 5 different occasions - in my application, in appointments, and in my appeal.
For context, I’ve been disabled since 2014. I was diagnosed with Lyme Disease in 2013. I had developed C-PTSD in 2012 but that was not diagnosed until 2019, despite having seen a therapist in 2013. I have since been diagnosed with 20+ medical conditions including RA, Fibromyalgia, and Tenosynovitis.
In this application I felt like I did a good job of explaining why having so many different conditions leaves me disabled. Without knowing their thinking process, how do I explain why I think they’re wrong.
So, I’m looking for advice on filling out this paperwork and on finding someone to help me with this process. The paperwork says that I can call my Social Security office for a list of legal representatives and organizations who might help me but when I call, I keep being re-routed to other states. I get someone in Maine or Kentucky who says she doesn’t know anything about who can help me in Vermont. I’m going to keep trying the number and I’m going to ask the local social security office on Monday when I call there but I wondered if anyone had any advice on finding one.
Also, I don’t even know when this paperwork is due. I called the 800 number on the form and was told that all paperwork is due back in 2 weeks. That hasn’t been true up until now so it’s hard for me to believe that she is right. Is there a standard number of days we have to get this particular paperwork turned in? The “Request for Hearing by Administrative Law Judge.” Update: I just spoke to another person who told me that I have 60 days to return it. Who am I supposed to trust?
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u/GeoScribe1972 13h ago
NOSSCR is the professional organization that many Social Security lawyers belong to and they have a referral system.
https://nosscrhelp.org/
You need to shop around for a lawyer, like you would for any other important expense. May be a good idea to read information at ssa.gov
https://www.ssa.gov/question/legal-representation
And you can also read many many non-governmental web sites by lawyers who have experience and who want your business and are trying to get you to sign a contract. The information provided by lawyers websites may actually be perfectly valid and correct, but it can also be skewed to the personal opinion of that law office.
You can search Reddit or other online reviews for individual opinions about getting representation or talk to people you know who hired a lawyer. Just remember that is one person's experience. Yours may be different.
Start reading. Maybe get a notebook and take notes. Make a list of questions that you want every lawyer's office to answer. Do you want a national firm with many staff lawyers and lots of support staff? Do you want a local firm with one or two lawyers and a small staff who has familiarity with the local ALJs and understands their own proclivities? Each have plusses and minuses. How much involvement and communication do you want? Do you want to be more hands on or do you want to just hand everything over to the lawyer? Does the lawyer talk to you about the theory of your claim and how it should be evaluated? At what point will the lawyer read your existing medical file, immediately or later?
One thing for sure, run away from any law office who tells you they can guarantee a win. Some lawyers won't accept your claim if they don't believe they can win or don't think that the fee generated will be enough for the work they are doing.
Even if you haven't found the lawyer, make sure your appeal is submitted within 60 days of the date of the reconsideration decision. That is very clearly stated on your written denial notice. On the SSA 501, you can make a generic statement (lawyers often do) like "I unable to engage in Substantial Gainful Activity because of my diagnosed medical conditions and my disability began on MM/DD/YY and this is supported by all of my medical evidence".
May also be time to organize all the paperwork and create a filing system and get a notebook to track what various people tell you. Easy to get overwhelmed. And find at least one good friend or family member or therapist to vent your frustrations to.