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
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.