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My question is about Social Security Disability. My case was

 
Alexia Esq.'s Avatar
  • Answered by:Alexia Esq.
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Customer Question

My question is about Social Security Disability. My case was closed on November 24th by Social Security Administration after only 6 weeks. "Closed" does not mean "denied". It means I was either approved or dissaproved. However they told me that The Quality Assurance Unit of the SSA pulled my case for review. They have the power to overturn any decisions originally made. It is not very common for a disability case to be pulled by The Quality Control Unit I was told. I will have an answer in 28 days supposedly. Does it sound like I was approved initially and it is just being checked out by the Qualitu Assurance Unit? Why would they pull a case that was denied? That does not seem logical to me. Any Information will help me. Thanks, Joe.

 

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State/Country relating to Question: Florida

Submitted: 853 days and 21 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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Expert:  Alexia Esq. replied 853 days and 21 hours ago.

Welcome!

I am an attorney with 17+ years of legal experience and own and manage a Social Security Disability practice, and am working diligently on your answer while I await your response. Also, while I am permitted to provide you with legal information and answers, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. I will, however, be able to engage in follow up if you need additional clarification on a legal answer. Do you

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Customer replied 853 days and 21 hours ago.

Yes

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Expert:  Alexia Esq. replied 853 days and 20 hours ago.

Hi again Cowpin, and thank you.

I am presuming that you called SSA, as they generally do not send notice that your file has been audited. However, in my practice, such audits (I understand them to occur about 13% of the time, at least that was the suggested random audit rate a couple of years ago) have ONLY occurred upon a win. Fortunately, none of them have ever been reversed. If yours is, be sure to follow the instructions on your upcoming denial letter and appeal right away, i.e. don't wait til the end of your 60 days, and be sure to get proof of their receipt of your notice, either via online submission, printed out, or mailing it via UPS with tracking, or the like. The fact that at least one SSA adjudicator felt you were disabled is rather compelling evidence to me that you likely have a very winnable case if if some Scrooge in audit decides to reverse.

Good luck and happy holidays.

Please press the ACCEPT button so I may be credited and paid for my time by Justanswer.com. You may always follow up with me after doing so. Positive feedback and a BONUS are always appreciated. Thank you and the best of luck.

Customer replied 853 days and 20 hours ago.

Do you mind if I ask you how do you know that no case has ever been reversed?

 

Thanks, Joe.

Customer replied 853 days and 20 hours ago.

I am not sure if you received my follow up and final question. How do you know that no case has been reversed by Quality Control Unit?

Thanks, Joe.

Accepted Answer

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Expert:  Alexia Esq. replied 853 days and 19 hours ago.

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Hi Joe, sorry, I got your question, posted an answer, (I thought) and my cable connection got lost. Took me a minute to figue that out (not so tech savvy, lol) and that I had to go to the modem and reset. Then I redrafted. And again cable went out. Just got it back (hopefully for more than 2 seconds).


Here is my response:

In any event, I keep a tight rein on my cases and I always know if they are still with the adjudicator of if she has issued a decision. They often tell me if they awarded. If they don't, I tend to think it is a denial to be appealed, and I get the denial within days of the issuance of same. If she awarded, and I don't receive it timely, it has been nabbed. I know that none of my audited ones have been reversed, because they have always been returned as an award I don't have to appeal. I have a 98-99% win rate, so as you can imagine, I am aware of the rare losses, intimately.

In any event, I think you will do fine, even if audited, but not to worry regardless, because you apparently have a good case.

Good luck Joe, and happy holidays to you. Hopefully you will have a nice fat check before too long. Or at least a small one :)

Expert TypeManaging Attorney
Category: Legal
Pos. Feedback: 99.1 %
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Answered: 12/4/2010

Experience: 17 Years of Legal Practice Experience in this precise field.

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