Received SSA Unfavorable Letter Today

[Tjunea]

Hi Everyone
I finally received the explanation for my unfavorable decision. I don’t have the words to describe what I feel, right now. SSD mix my medical evaluation file with someone else medical evaluation file. So the judge uses this to his advantage.

Here’s the direct quote that was used as least 5 times:
“If the claimant stopped the substance use, the remaining limitations would cause more than a minimal impact on the abilities to perform basic work activities. The claimant would be able to perform past relevant work.”

Its goes on saying that I have a long history of alcohol and crack cocaine abuse. And that I stay and do chores at this half way house. It quotes 7 medical visits to the DDS medical evaluation office. But I only had 1 medical evaluation. This is not a joke. I could not make this up, even if tried to. My lawyer told me that this medical evaluation paperwork mishap was made aware to the judge. But still, it was used as a major reason for my unfavorable decision. If this was a clerical error why would the judge sign this document? OMG!!!!!!!!!!!!!!! I am definitely writing a letter and reporting this judge to Appeal Council. So any guidance in this matter will be greatly appreciated.
TJ

[meme47]

Wow that sounds like a nightmare!! I know they get records mixed up and have some vital ones even missing!! Your lawyer needs to appeal your case! Hang in there!! Don't give up!

[Executor]

WOW.....I'm not sure what to say.

At this point, your lawyer is your best resource. Hard to believe something like this can happen. The judge must be a real nimwit not remember who's who. The real scary thing that I have to wonder is if the other person who this was intended for....Did they possibly get approved via your paperwork? They may be celebrating prematurely. SS could have a real mess on their hands.

WOW....WOW....WOW.

I take it that none of this applies to you....i.e the past substance abuse and etc? Sounds like the applicant is claiming disability due to substance abuse and the judge is saying if the person just stops, then they could work. Not sure how I actually feel about that concept because the experts say that substance abuse is a real disease....But that doesn't apply to your case, so it's a mute point.

Just when one thinks it can't get any wackier or whatever, it does. Hang in there as best you can.....I have to think that this will all get straightened out and resolved. It may just be an honest mistake in terms of wrong files. I'm not defending them one bit, but I guess if surgeons can operate on wrong body parts, then I guess files can get misplaced and etc.

Again, I'm very sorry.

Take care,

Ex

[Mel52]

Sounds to me like the judge needs rehab. Wow, doesn't it just knock your socks off that someone can be so incompetent? I hope you get this resolved quickly.

[goldyfm]

Wow, I am speechless! I certainly think you deserve some written apology if your file was mixed up with someone else's. I do hope and pray that your attorney can get to the bottom of this as quickly as possible. If the determination was made on a case file that was not accurate, I certainly think your case should have top priority. You definitely should not be penalized for the actions of others. I hope this can be resolved swiftly and efficiently. Hang in there.