Los Angeles, CA asked in Public Benefits, Gov & Administrative Law and Appeals / Appellate Law for Missouri

Q: Denied SSA claim despite ailments on compassionate allowance list.

I have multiple ailments, including recurring thyroid cancer confirmed in 2021, which are on the compassionate allowance list, yet my SSA claim was denied. I've submitted all medical documentation and visited the SSA office. At my hearing, I tried to get the Administrative Law Judge (ALJ) to review Exhibit CF2, pages 70-72, but she refused, stating it was the responsibility of my local SSA office. My condition was supposed to expedite my case and potentially prevent it from going to court, which I believe should have stopped the proceedings and been grounds for approval. Additionally, the psychologist they sent me to says I should qualify as I have 3 marked conditions when only 2 are needed. Despite this, I was denied, and my request for review by the Appeals Council was also denied. I submitted 11 pages of documentation, including those initially refused, but they claim to have received only 7 pages. The missing pages, which pertain to the critical time period, included an emergency hospital statement that I first broke my arm in February 2024 and a source letter from my doctor stating that I can't work due to a history of a brain tumor dated May 17, 2023. Adding to my situation, I re-broke my arm in May 2024, and there's a source statement about this re-break that I can't use because it was dated after my court date. What legal steps can I take to address these issues, and what should I focus on when appealing or pursuing further action?

1 Lawyer Answer

A: This looks like something that attorneys who are knowledgeable in Social Security Disability Claims could advise on best, but your question remains open for two weeks. I'm sorry for your painful conditions and the ordeal of denial - your post may have gone overlooked with the categories chosen above. There is a section here for Social Security - you could repost and include that heading. Or you could avoid further delays and reach out to attorneys to discuss. There is a tab above, "Find a Lawyer," which lists law firms by practice area and region. There is a section there for "Social Security Disability." Attorneys who handle SSDI claims generally offer free initial consults. You could also look into the attorney referral sections of local and state bar associations. I hope you have success in appealing. Good luck

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