Rejected SSDI appeal documents and lawyer issues - desperate for help with sister's disability claim
I'm at my wits' end trying to help my sister with her SSDI appeal! Her initial application was denied and everything since has been one roadblock after another. We hired a disability advocacy group who basically took her money and did NOTHING (waste of $2,300). So I stepped in to help her appeal. I spent weeks collecting all her medical records from 5 different specialists. I carefully organized everything, filled out all the appeal paperwork, and hand-delivered it to our local SSA office. Then they dropped this bomb on us: they REFUSED her medical records because they said all documentation has to come directly from the doctors' offices through their electronic system! Nobody told us this before! When I asked if someone could sit with us and explain the proper process, they said they're "too short-staffed" and "nobody is available" to help. My sister is getting desperate - she can't work, her savings are gone, and she's facing eviction next month. I tried getting another disability lawyer (Margolis), but they won't take her case until she gets a formal release letter from the first company. I've called and emailed that first company 8 times over the past three weeks and they haven't sent the letter. What are we supposed to do now?? The appeal deadline is in 14 days and I'm seriously panicking. Has anyone successfully navigated this nightmare?
19 comments
CosmicCaptain
I went through something similar with my SSDI appeal last year. Here's what you need to do: 1. Call your sister's doctors TODAY and ask them to submit her records electronically to SSA. Many doctors' offices do this routinely for disability claims, but you need to be specific about it being for an SSDI appeal. 2. For the attorney release letter - don't wait for the first company. Go to your local SSA office with your sister and fill out form SSA-1696 (Appointment of Representative). Bring documentation showing the first company is unresponsive. The SSA can often help terminate the previous representation if you explain the situation. 3. Don't miss that appeal deadline no matter what! If you need to, file a handwritten appeal just to get it in before the deadline, then follow up with the proper documentation. The SSA electronic records system (ERE - Electronic Records Express) is mandatory now for most providers, which is why they rejected your paper records.
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Emma Davis
•Thank you so much! I didn't know about form SSA-1696. Can I download that from the Social Security website or do I need to get it from the office? And when we submit this form, will the SSA actually help us terminate the relationship with the first company? I'm just so afraid of missing this deadline and having to start all over.
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Malik Johnson
They do this ALL THE TIME and its INFURIATING!!!! The first disability company I used was a COMPLETE JOKE too. They took $1800 and never even submitted half my paperwork. When I tried to fire them they ignored me for MONTHS!!!! Call ur state bar association RIGHT NOW and file a complaint against the first company. Thats what finally worked for me. Once I did that they sent me the release letter within 3 DAYS after ignoring me for 4 MONTHS!!!!!! The whole system is DESIGNED to make u give up. DON'T LET THEM WIN!!!
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Isabella Ferreira
•Not all disability companies have lawyers though, some just use advocates who aren't attorneys. State bar complaints only work if they actually have lawyers. But good point about not giving up!
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Ravi Sharma
I was a disability claims examiner for 12 years before retiring. Let me give you some practical advice: 1. For the medical records, it's true they must come through ERE (Electronic Records Express) now. Each of your sister's doctors needs to complete form SSA-827 (Authorization to Disclose Information) and then submit records through the portal. You can help by contacting each doctor and asking specifically for their "ERE coordinator" - most medical offices have someone designated to handle these submissions. 2. Regarding the representation issue, you don't actually need a formal release from the first company if they're non-responsive. Have your sister complete form SSA-1696 (Appointment of Representative) and write "revocation of previous representation" in Section 7 (Remarks). Also attach a brief statement explaining the situation with dates of attempted contact. 3. File form SSA-561-U2 (Request for Reconsideration) immediately to meet the appeal deadline, even if you don't have all documentation ready. You can submit supporting evidence after filing. 4. If you're still having trouble, request to speak with the office manager or a Technical Expert at your local field office. Don't accept "we're short-staffed" as an answer.
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Emma Davis
•This is incredibly helpful! I had no idea about the ERE coordinator - I'll start calling all her doctors tomorrow. For the SSA-1696 form with "revocation" noted, will this automatically terminate the relationship with the first company or will there be more steps? I'm trying to get everything done before the deadline but it feels impossible.
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Freya Thomsen
When my husband went thru this we spent 3 weeks trying to get thru to someone at the SS office on the phone with no luck. Finally my neighbor told me about this service called Claimyr that got us through to an actual person at social security in like 45 minutes instead of waiting on hold forever. We used it for his appeal stuff too. Changed everything for us. Check out their demo video at https://youtu.be/Z-BRbJw3puU and their website is claimyr.com if you want to try it. Worth every penny for us because we finally got answers.
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Emma Davis
•I've never heard of this service! After spending literally 3 hours on hold yesterday only to get disconnected, I'm desperate enough to try anything. Going to check out the video right now. Did you actually get connected to someone who could help with the appeal process specifically?
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Freya Thomsen
Yes! They got us through to someone in the appeals department who walked us through exactly what we needed. They can't guarantee who you'll speak with but it's way better than waiting on hold for hours or getting hung up on. Good luck!!!
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Omar Zaki
I'm going through almost the same thing for my disability right now. It's so frustrating!!! I tried to get my doctors to send records but two of them said they don't do the electronic submission thing and one wanted to charge me $75 for sending them!!!! Is that even legal??? Also has anyone used Binder & Binder? My neighbor said they were good but now I'm scared to try another company after reading this
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Ravi Sharma
•Regarding the $75 charge - yes, unfortunately medical providers are legally permitted to charge reasonable fees for sending records, even for disability claims. However, if you submit form SSA-827 directly to the SSA, they will request the records on your behalf which sometimes avoids the fees. As for representation, I generally recommend working with local attorneys who specialize in disability rather than national firms. They tend to provide more personalized service and have relationships with local SSA offices and judges.
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AstroAce
Just wanted to say don't give up! I was denied twice and had similar issues with medical records being rejected. It took me almost 2 years but I finally got approved. The system seems designed to wear people down so they'll just give up. One thing that helped me was keeping a detailed log of every person I spoke with at SSA, every document I submitted, and every doctor visit. I brought this to my hearing and the judge was impressed with my organization. Also, make sure your sister's doctors are specifically documenting how her condition limits her ability to work. Many doctors write about symptoms and diagnosis but don't connect it to work limitations, which is what SSA cares about most.
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Emma Davis
•Thank you for the encouragement. Some days I really do feel like giving up, especially when my sister calls me crying because she's in pain and can't pay her bills. The detailed log is a great idea - I'll start one today. Did you end up getting backdated benefits for the full time you were applying?
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AstroAce
Yes, I got backpay from my initial application date, which was about 22 months of benefits by the time I was approved. That lump sum payment really helped get me back on my feet. They do withhold some for the attorney fees though.
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Malik Johnson
Can I just say what complete GARBAGE it is that SS makes it so hard for disabled people to get benefits??!! They literally create obstacles at EVERY step!!! Making sick people jump through endless hoops is CRUEL and they know exactly what they're doing!!!
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Isabella Ferreira
•I feel this so much. When I was trying to get my disability approved I was literally in the hospital and they still wanted me to somehow get to an evaluation appointment. Like hello? I'm hospitalized, that's kind of proof I'm not faking??
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CosmicCaptain
Quick update on what I said earlier - I just remembered something important. If you're really close to the appeal deadline and still don't have the medical records situation sorted out, you can request an extension of time for the appeal. Submit form SSA-795 (Statement of Claimant) and specifically request additional time due to difficulties obtaining medical evidence and representation issues. While extensions aren't automatically granted, they're often approved when there are legitimate obstacles like what you're experiencing. Also, when you go to the SSA office, ask specifically for a Technical Expert (TE) as they have more authority to help with complex situations than the regular Claims Representatives.
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Emma Davis
•I didn't know extensions were possible! That takes some pressure off. I'll definitely ask for a Technical Expert - do I need to make an appointment specifically with them or can I just request one when I arrive?
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CosmicCaptain
You can request one when you arrive, but it might help to call ahead (if you can get through) and specifically ask for an appointment with a Technical Expert for a complex disability appeal situation. TEs usually don't work the front desk, so they need to know in advance that their expertise is needed.
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