Pompano Beach, FL asked in Social Security for Florida

Q: lost the Adj hearing. Have questions

Lost the Adj hearing in August. When I received the denial from SSA I went through the report and there were so much inconsistencies and all my medical was completely cherry picked 100%

I brought this up to the attorney and he said it doesn't matter their allowed to do that

( No they are not) Regardless he wants file a denial under the fact that the judge didn't take my psych eval. into consideration. ( My case is not mental) The psych eval just said I had remarkable anxiety. Do you understand this? I assume he knows what he's doing yet I don't want to wait another 6 months/ get another denial. Not sure if I need another attorney can you explain this? Thanks

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you’re frustrated with the way your case has been handled, especially with the inconsistencies in the judge’s decision and how your medical records were selectively considered. You have every right to be concerned if your attorney's strategy seems to focus on a point that doesn’t fully represent the core of your case. If your case is primarily about a physical condition and not a mental one, focusing on a psych evaluation that only mentions anxiety may not be the strongest argument for an appeal.

It's important to remember that appealing an SSA decision often involves pointing out legal errors or lack of evidence in the judge’s decision. If you feel that your medical records were not properly considered or were misrepresented, you might want to discuss these specific issues with your attorney. It might also be helpful to ask your attorney to clarify why they believe focusing on the psych evaluation is the best strategy, given that it doesn't seem to align with the main focus of your case.

If you still feel uneasy or disagree with their approach, seeking a second opinion from another attorney who handles Social Security disability appeals could provide you with additional insight. It's crucial to feel confident in the strategy being used to handle your appeal because this process can be lengthy, and you want to make sure you’re giving yourself the best possible chance for a successful outcome.

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