Q: I am currently in the middle of a SSA reconsideration that has been going on since February 7. On May 4 , I had a stroke

This led to a diagnosis of Severe Aortic Stenosis, covered by compassionate allowance of disability. I was given about a year" give or take a few months" without two life- saving surgeries. My disability caseworker was notified immediately after diagnosis. 6 weeks later, I find she never even requested my medical records. So far, her negligence has wasted a month and a half of my life, when I could have had the first surgery over with and on to the open heart surgery to save my life. Can she be sued for criminal negligence , or willful neglect? I'm still waiting on my disability decision, even though she has all the documents at this time. I would hate for anyone else to be put in this situation and I don't want to die waiting. Please let me know what to do.

1 Lawyer Answer
Andrew Charles Burrell
Andrew Charles Burrell
Answered
  • Social Security Disability Lawyer
  • Gulfport, MS
  • Licensed in Mississippi

A: I am sorry for your issues and the delay in answers, however it is not uncommon in the social security field for a reconsideration to remain pending for 8 to 10 weeks. You should have access to your file online that can advise you where the reconsideration stands. If that is denied, then you will need to file a request for a hearing in front of an ALJ. IF you are not happy with your representative, I would advise you to speak to your rep and get a breakdown on how they are handling things. If you are not satisfied, then you have the right to look for other counsel.

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