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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111495
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am disable: Conditions according to state of Georgia SSA.

Customer Question

I am disable: Conditions according to state of Georgia SSA.
1. Depression 2.Hidradentis Suppurativa
3. Seizures 4. Carpal Syndrome Tunnel
5. Low IQ
I been on SSDI for these condition for over 18 years in the state of Georgia.
I am from Georgia & I moved to San Diego 2009. I had a Vocational Evaluation Performed by state of Georgia Department of Rehabilitation in 2007. Which, states I would not be stable in a regular traditional job. And, that it is recommended that I keep my current position as a independent courier or by working from home.and, that I would not be successful in a regular job sitting. (being that, it would be challenging for me to find a employer who would modify a job to fit my disability.)
Fast Forward:(State of California:)Has my current disability as 1.Depression Only.
However, I have 18's additional medical conditions not listed above since living in California.
While in a (IEP) employment 2010-2013 & (ISP) school 2014-2015.
agreement with California Department of Rehabilitation (DOR).
5.Pre-Diabetes
6.Herniated Disc, Cervical, Neck, & Back.
7.Neuropathy Symptoms. (Nerves damage neck, arms, fingers.)
8.Dysplastic Nevi
9.Cronic Obstructive Pulmonary
10.Chronic Neck Pain.
11.Chronic Back Pain.
12.Cervial Radiculopathy.
13.Bone pain in knees.
14. Early Stage of Glaucoma.
15.Anemia
16.Gastraoloist abdominal Pain(special diet)
17.Foot pain.
18. Cervical Spinal Stenosis.
I enrolled into DOR assuming they would request state of Georgia about my last evaluation & any additional information about me , but they did not. Until maybe sometime later after I was label most sufficient, and they had made a determination to get me trained for my commercial driver license Tractor Trailer, so I could go to work.
I told the school that, I only need a refresher course, because I already had my CDL's from the state of Georgia all I would need to do is transfer them to California. Sometime later,I was being focus by the school close out my CDL in Georgia verse Transferring them to California. This did not make sense to me because, had I close them verse transferring them, there would of been more steps I had to take. So, it was much easier just to transfer them.
Here is the problems:
1. The DOR withheld sending me & advocate copy of my case for over 1 year.
2. After reviewing the content in my records, DOR Claims I did not have my CDL'
3. DOR put some inaccurate, misleading & damaging remarks into my case file. DOR MC states (that,I use Morphine & this is the cause of my major behavior issues.) Which is totally different then what any other doctor has said for over 18 years.
In fact, I found out that, I started taking Morphine after DOR 4 days evaluation. due to injury 2 & 22 day later from being sent to DOR 4 days evaluation. This information was irreverent, because I wasn't on it during the time of the evaluation. This made me realize I got hurt during the time and after DOR 4 days evaluation & they also, discriminated against me because they did not believe my doctors limitation or nor did they modify the 4days I was there.
4. I had attempted to go to work after DOR paid for my training. My first job the school I attended lie when the job called to verified number of hours I had completed. I was discharge from that job because the school give wrong information. I tried to sue the school, Funny thing is I was contacted by the school attorney threaten me not to sue. They sent personal deliver people to my doctor with letter, they would call while I was in orientation egc..,
5. I received a letter while I took the school to court. This notice was signed by the school administrative, (fraud wasn't my signature) It state that, my counselor attended the school during the first 3days. Which was not true, he did not & I never signed that form.
6. DOR stop communication with me one I started training for a job.
7. DOR with held my Ticket to work from being transferred to another agency.
***SSA: added $4k in one to my wage income never received****
Doctors limitation for patient is as followed:
1. Patient is not to use(hand )or gripping, lifting no more then 1hours on left, 4hrs right.
2.(Sitting) no more then 2hrs.
3. (lifting) no more then 5lbs left hand, 10lbs right hand.
4. Egc..,
I attended DOR 4days evaluation from Monday-Thursday from 9:00am -5:00pm. With no accommodation or modification for my medical conditions. On the 2nd I had to call off due to boil on my tailbone, I had to be seen at the emergency room. & I stay home for
one week before returning to complete the 2 remaining days. During those day I couldn't endure the pain in my lower back & I put my hand down on the desk. 1 week later my neck, back, arms, & hands started hurting bad. I went to emergency room & to my doctor they order a MRI & X-rays & found Cervical Radiculopathy, Nerves Damages neck, arms, fingers, 2 herniated disc cervical. Sometime after that, Major Carpal syndrome Tunnel bilateral.
1.Refer a attorney to me.
Submitted: 6 months ago.
Category: Legal
Customer: replied 6 months ago.
1. After a government agency has with held your records for 1 years,
A. Do we have 180 days to file a law sue against them?
B. At what point does the 180 days start. How is it determine if the records was sent to your attorney, before it was sent to me. And I fired my attorney?
C. What is the correct form to file a law sue against a government agency?
D. Is it better to file a law sue verse filing a claim against a government agency?
E. Can SSA remove a medical condition I had for over 18 years, which has been healed?
F. What can I do to sue SSA for not removing additional wages I did not received? Even when I repeatedly told them it is not correct.
G. According to SSA overall wage accountability records, my income is not being reporting with SSA after 2013 even thou I filed taxes. Why would they stop my wages from being posted?
Customer: replied 6 months ago.
Correction No.(D): Can SSA remove my medical condition I had for over 18 years that has NOT been healed. & there is sufficicant medical reporting of the condition still cause problem. This is the main condition which, granted me disability in the first favorable decision.
Customer: replied 6 months ago.
Correction last post: it is a correction to no. (E) not (D)..
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Are you looking for a new attorney to represent you, which we are forbidden by state law from doing from this site?
Or are you simply looking for information?
Did your SSDI attorney appeal their determination of your disability to the SSA, which is who has to hear your appeal?
Customer: replied 6 months ago.
this is for educational purpose only. I want to find a attorney soon, thou I understand your policy.
Yes, My new SSDI attorney has appealed the decision.
And, the SSA Appeal Counsel is willing to review the case.
1. I want to sue the department of rehabilitation, What is the procedures?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply
For legal representation the best we can do is refer you to the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
In order to sue the state agency, you must give them notice of claim within 180 days of the claim accruing. So you would need to send them a written demand explaining your claim against them, that it is your putting them on notice of what your claim against them is and that if they do not offer to resolve the claim you will sue. Once you provide the notice of claim, you could then sue in court.
If you have a new SSDI attorney, that is the main thing, because if you have an 18 year history of being disabled, you did not just get cured overnight. CA claiming that none of the other disabilities exist is nonsense, because you have the documentation from your doctors and from GA who has findings that you were certified disabled and CA cannot ignore either. So your SSDI attorney has a good case on appeal.
As far as suing the state for not turning over the files to you, you need to find out from them if they did turn them over to your first attorney that you fired. If they did, then your case against the state is not going to succeed and you may have to seek to sue your first attorney for malpractice.
The wages and money SSDI is incorrectly attributing to you would be part of your appeal with your SSDI attorney and upon proving that to the SSA they should order the corrections made and if not then you have the right to appeal the SSA administrative decision to the US District Court.
At this point, I believe you have a case with your SSDI appeal, but you need to find out what happened with the files as to whether or not you have a case for them not sending them or whether they sent them to your first attorney. If your first attorney mishandled the case and this causes you to lose with your new attorney, you can sue that first attorney for malpractice to seek to recover your damages.

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