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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11778
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Hi, my name is XXXXX XXXXX I had my Social Security Disability

Customer Question

Hi, my name is XXXXX XXXXX I had my Social Security Disability hearing on Sept. 4, 2013. The judge instructed my attorney to have my neurologist fill out a migraine questionaire and submit it to the judge within two weeks. Well, I called my attorney and they said they will fax the form to my neurologist today. So I called my neurologist back and told them they will receive the fax from my attorney today. I asked that the form be filed out ASAP. The receptionist said that the person who fills out questionaires with the doctor won't be in until Thursday. Now that would be a day late as the judge wanted it within two weeks from my hearing date. Now I feel as though winning my disability case depends on this questionaire. Can this make me lose my case? If so, can I sue my attorney for not sending it sooner or if it was sent before, can I sue my neurologist for lying about not receiving it?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hi, Elaine, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you.

I will be right back with your answer as soon as possible.
Customer: replied 1 year ago.

OK, thank you. I will be waiting for your reply.

Expert:  Stephanie O Joy, Esq replied 1 year ago.
Thank you for your patience. A small urgent matter came up.

With regard to your post:

Hi, my name is XXXXX XXXXX I had my Social Security Disability hearing on Sept. 4, 2013. OK.

The judge instructed my attorney to have my neurologist fill out a migraine questionaire and submit it to the judge within two weeks. Well, I called my attorney and they said they will fax the form to my neurologist today. Wow, why the wait? I think they erred there - that should have been faxed same day or next.

So I called my neurologist back and told them they will receive the fax from my attorney today. I asked that the form be filed out ASAP. The receptionist said that the person who fills out questionaires with the doctor won't be in until Thursday. Why can't the neuro fill it out himself?

Now that would be a day late as the judge wanted it within two weeks from my hearing date.You need to call the Judge's office and let them know and ASK for an extension, say, a week.

Now I feel as though winning my disability case depends on this questionaire. That is very likely.

Can this make me lose my case? Yes. If the Judge could have awarded you at the time of the hearing closing, he would not need this form.

If so, can I sue my attorney for not sending it sooner or if it was sent before, can I sue my neurologist for lying about not receiving it?
You can't sue your Neuro, no. In fact, he is not legally obligated to even fill out the form - so make sure you treat them with 'honey', so they don't become uncooperative.

If the neuro's opinion would have changed things and the only reason you lose IS because it doesn't get there timely, it is possible that this was actionable malpractice on the part of the attorneys office.


However, AGAIN, you can simply explain to the judge/office (and I'd fax a letter explaining as well, today) that the doctor's office indicated it would be done on X date, could he please give you another week? Put it IN writing and make sure it gets there. Your attorneys office should be able to fax or upload it electronically, but make sure there is a confirming phone call as well. Judge's do NOT generally choose to deny due to a techicality like this and usually bend over backwards to give you the extra extension time needed.

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.

Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11778
Experience: 19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
Stephanie O Joy, Esq and 2 other Social Security Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. I will call my attorney and ask them to ask the judge for a one week extension like you advised.


 


I gave you a rating of Excellent.

Expert:  Stephanie O Joy, Esq replied 1 year ago.
Thank you Elaine. I don't typically want my client's calling the Judge's office themselves, but if you find it is the only way to know for sure that it got done... Just sayin'.

Good luck, and thank you very much for the kind rating and generous bonus.
Customer: replied 1 year ago.

You're very welcome. Have a great day!

Expert:  Stephanie O Joy, Esq replied 1 year ago.
And you as well. Keeping my fingers crossed for you!
Customer: replied 1 year ago.

I've been thinking. What if I get the migraine questionaire from my attorney and make an extra appointment with my neurologist and when I see her, I hand her the questionaire to fill out while I'm there. Do you think that would be a good idea? Because my neurologist's excuse has always been, "I haven't received it" even though my attorney said that they DID send the questionaire to my neurologist.

Expert:  Stephanie O Joy, Esq replied 1 year ago.
I wouldn't be surprised if your neuro didn't see it. Office staff doesn't often present these things to the doctor. I have had office managers tell the patient, Oh, we don't do those. So I give it to the patient/client to bring to their next appointment and ONLY bring it out when in talking with the doctor. Bingo. The doctor didn't blink.

The question I suppose is, can you get an appointment in the next day or two?
Customer: replied 1 year ago.

I will try to do that. My most recent appointment was Friday, Sept. 13 so I hope having had such a recent follow-up appointment won't affect my chances in getting another appointment so soon.

Expert:  Stephanie O Joy, Esq replied 1 year ago.
Good luck.

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