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Alexia Esq.
Alexia Esq., Managing Attorney
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Experience:  19 Years of Legal Practice Experience in this precise field.
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For Alexia I would like to delay the response to CDR for

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For Alexia
I would like to delay the response to CDR for two reasons: extend my disability if I am turned down and have a chance to see the doctors to boost my case. Is two months would jeopordise my dealings with SS office on my case?
I am still not clear on what to do --- whether I should try to add other disabling conditions which only INDIRECTLY stem from my original disability due to transplant or ONLY concentrate on the issues DIRECTLY related to my transplant? As concentrating on INDIRECT issues may trigger the evaluaution denovo? On one hand it seems that I need to throw everyting in -- as my conditions has improved and getting disability based on transplant ALONE is probably unlikely -- but on the other hand I do not want to be turned down because SS office would consider other conditions to be UNRELATED and state that I need to have evaluation denovo. Are things considered connected with respect to initial disability due to transplant -- if kidney transplant is a result of genetic disease and the same genetic disease causes hearing and eye sight loss. But kidney transplant itself does not cause hearing and eye sight loss.

If I walk-in into SS office -- can SS office refuse for me to see a representative on the same day? What would be a typical wait. What is the best time of the day and the day of the week to go there? Is there a way to avoid a trip and have a phone conversation with the local office?
Submitted: 1 year ago.
Category: Legal
Expert:  Alexia Esq. replied 1 year ago.
Good morning and thank you for your kind rating on our earlier interaction

With regard to the below post:

For Alexia
I would like to delay the response to CDR for two reasons: extend my disability if I am turned down and have a chance to see the doctors to boost my case. Is two months would jeopordise my dealings with SS office on my case? As I think I posted previously, internally a POMS directs them to wait 4 months before moving forward, so if they happen to follow POMs (and again, as most of us know, breaches occur semi-regularly of various "policies", so there may be no guarantees), you should be OK. And I understand your reasoning. Note too that IF you are denied surprisingly early, you APPEAL. That also buys you much time - many months in fact, where you can get your medical evidence up to par, if possible.


I am still not clear on what to do --- whether I should try to add other disabling conditions which only INDIRECTLY stem from my original disability due to transplant or ONLY concentrate on the issues DIRECTLY related to my transplant? I'd probably do both, but specifically emphasize the ones that the evidence will show is a result of the transplant (and what is this direct or indirect issue? It either does or does not - and if it does, you would only be saying this IF you had doctor's records OR credible research that suggests that, right? You can included some educational reading if you have to, but ideally, it will be in YOUR doctor's records, even if he has to write up a brief letter (signed and dated) explaining it, the connection.

 

As concentrating on INDIRECT issues may trigger the evaluaution denovo? You don't need a new application IF you are disabled by transplact related issues.

 

On one hand it seems that I need to throw everyting in -- as my conditions has improved and getting disability based on transplant ALONE is probably unlikely Right, so you need to show all the disabling side effects of that transplant...

 

-- but on the other hand I do not want to be turned down because SS office would consider other conditions to be UNRELATED and state that I need to have evaluation denovo.Butyou are missing the point-they will only do that IF you are not disabled by transplant/kidney issue. If you leave it at that, you are dealing with a need to re-apply anyway if you can't pass muster on the original medical impairment continuing to cause disability. I DO suggest you get an SS attorney on this, since you admit to major improvement of limitation #1... You want to have a retainer for him, since there will be no back benefits from him/her to derive a fee for the work performed, should you win - usually 2-3k is sufficient as a retainer, but do check it out. (It will sit in trust unless and until you win - if you didn't win, make sure it is stated that the contingent fee means you get your retainer back. It is the rule, but always good to spell it out.)

 

Are things considered connected with respect to initial disability due to transplant -- if kidney transplant is a result of genetic disease and the same genetic disease causes hearing and eye sight loss. Yes, I believe you can make that legal connection.

 

But kidney transplant itself does not cause hearing and eye sight loss. Transplant is a treatment for medical condition A, which disables temporarily, but the medical condition also caused XYZ. If XYZ IS legally disabling in and of themselves (even if taken together) (and you haven't clarified that yet) - this should be fine.

If I walk-in into SS office -- can SS office refuse for me to see a representative on the same day? Of course, if they are too busy, they will make an appointment for you. If you are not busy working, I presume that would not be the worst thing in the world. Why do you want to see a Rep, anyway?

What would be a typical wait. No such thing as typical :) Most offices have you take a ticket with a number - once you do, sit and see how long it take for the first 5 people before you. If it takes a long time and you are still a far away number, make your decision. Personally, if you look and act 'normal', going in person can be unhelpful to you, since they have their notes on how you appeared. Consider having something else go on your behalf, depending on what you need.

 

What is the best time of the day and the day of the week to go there? I have no idea - not a mindreader of your office. However, some offices say that mid-month and mid week is better than beginning or end.

Is there a way to avoid a trip and have a phone conversation with the local office? Sure, if you can get through OR if you can write to them and ask them to set an appt. AND call you to leave you a message when that appt. is. They often make phone appointments this way. howdver, despite many offices being very hard to reach by phone, I have never heard of one that flat out refuses to use a phone system. Although, again, what are you doing that is so important as to cause you to abhor the thought of the trip? If you look so very busy and able to be so busy in that way, could that not subtly look not so good for a claim of disabled? Mind you, I KNOW it does not necessarily mean that - many a person does not want to go to SSA and sit there - it could be because of fatigue issues, pain issues, etc. But you may want to consider your reasons, is all I am saying, so you have your bases covered.


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.


Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11823
Experience: 19 Years of Legal Practice Experience in this precise field.
Alexia Esq. and 4 other Legal Specialists are ready to help you
Expert:  Alexia Esq. replied 1 year ago.
Hey again Brian, just a couple pieces of research:

This piece confirms that when looking for MI (Medical Improvement),they only look at the "Impairment" existing from the evidence at the time of the relevent prior decision of disabled:


https://secure.ssa.gov/poms.nsf/lnx/0428010010

And here are your steps:
https://secure.ssa.gov/poms.nsf/lnx/0428005015

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