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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90296
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I applied in June 2012 and was told it takes between 3-4 months.

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I applied in June 2012 and was told it takes between 3-4 months. I was denied in May 2013. I appealed in June 2013. When I called they said I would know on or before Sept 12, 2013. I called on Sept 13, 2013 and was told maybe by Nov 15 I would know. I turned 62 in July and I think they are waiting for me to give up. Is there anything I can do to get a response faster.
Submitted: 12 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, the process on your first level appeal can take 6-8 months. The problem with SSDI is that they frequently deny applicants on their first application without any proper reasoning. The first thing you need to do here is go back to your doctor who states you have COPD and ask them to order the proper testing and get a proper test to confirm the COPD. Once you have that information you submit it to your case worker.

The problem with filing your next level appeal is you cannot do that until they give a disposition on your current appeal and at that level you would get an actual hearing before an SSA hearing officer.

At this point there is only one thing you can do to try to speed this up after you get your doctor to order the proper test for COPD and write a new report to SSA about your level of disability and that is to engage a local SS attorney and they can negotiate with the case workers and their supervisors to move the matter along or get you a determination hearing before one of the SS hearing officers.



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Customer: replied 12 months ago.

I must not have been clear. My pulmonary doctor did order the test that did show I have asthma and COPD. It was the case worker who said he couldn't use that test and ordered another one. That test only checked for asthma (I have taken these pulmonary function tests before. I really don't like the test for COPD because it testing for breathing out which I can't do well. My lungs don't exchange oxygen for CO2). I did tell the last case worker and he would not retest me. So, now its been a year and 4 months and I am getting worried about paying for my oxygen and medicines.

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I hate it when these moron case workers with no medical knowledge and without proper information from the treating physician make these decisions, but it happens every time with SSA and at this point you need to still get a new test (that is the first thing even an attorney would do if you hire one) and get the doctor to write a new report emphasizing your disability and file that with a letter stating you are including a conclusive test and doctor's report and if they refuse to make a decision in your favor you are filing complaints with their regional director and will file suit in court seeking a writ of mandamus forcing them to take action and give a final determination so you can exercise your full administrative appeal rights.

Once you take that step if they still refuse, then you will need an SS attorney because they will have to file for the writ of mandamus which is a court order to SS to force them to do their job and render the final decision so you can pursue your legal appeal right if you have to do so.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90296
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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