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Under what legal circumstances...

Under what legal circumstances can I demand and receive an appeal for Social Security Disability in a 30 day period. I have been in the system since 2013. I have been denied twice. My attending physicians statements/affidavit were not considered nor my work history in the determination. I am 63 with a vision impairment.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I am in the state of Nevada

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Nevada is an "at will" state however I was self employed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My sister is a Vocational Expert over 30 years and has been in the court room with the AJ numerous times. I believe this may be part of the denial since my work history and medical records (over 100 pages and my physicians affidavit) were not discussed. Work history loan processor, review financial statements, bank wire transfers to clients and banking institutions and exacting job, I could not do with any sort of competency. I have been treated monthly since 2012 for this injury to my eyes.

Submitted: 8 months ago.Category: Legal
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Answered in 1 hour by:
12/14/2017
Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,894
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

You can legally demand an appeal of any denial of benefits to which you are legally entitled if you have the evidence to support your qualifications. You state you do have such evidence, which it sounds like you do have more than enough to prove the disability, if you can also convince the judge you are not able to do any meaningful type of work. So it is more than you being disabled, it is you proving you cannot engage in any meaningful type of employment. If you can prove both, you should qualify and you should appeal the denial.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 8 months ago
I believe I have all records appropriate for an OTR appeal. How can this be done in a 30-45 day period. Currently SSDI tells me the wait time is 12-18 months. I have already been waiting over 4 years. I can prove with the recorded hearing and transcription that the Judge lied in his denial statement.
Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Thank you for your reply.

I am sorry, but there is no expedited way to appeal these cases I am sorry to say. I understand you have been waiting 4 years on this issue, but they do not have a process for you to do anything other than appeal and wait for the appeal to be heard due to the massive number of appeals cases they have. I wish there were some faster way, but even as attorneys we have no choice but to wait on SSA and cannot speed these cases up.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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