SSDI appeals can be complex and lengthy

There are many times when a Social Security Disability case can take years to resolve. An experienced Portland SSDI attorney can make sure that an application is thoroughly completed and assist an applicant through the reconsideration and appeals process. There are however times when the Social Security Administration decides to fight what should be meritorious applications. An experienced SSDI attorney can file an appeal of a SSDI denial in district court to make sure an applicant gets the benefits that he or she is entitled to.

One recent SSDI case involves a woman who was injured after she fell and fractured her tailbone. The fracture did not heal properly and this led to back pain and many surgeries including a bilateral laminotomyforaminotomy and followup care in the form of epidural steroid injections and facet blocks.

The woman applied for SSDI in 2000 because of her back pain. The SSA denied her application initially and on consideration so she went to a hearing before an ALJ who denied her application again. The woman appealed that decision and then filed for Supplemental Security Income alleging a disability onset date in 2003. The SSI application was granted and she received benefits because it was determined that she met the criteria for the medical listing of spinal arachnoiditis.

The next summer an Appeals Council granted a review of the woman’s initial disability application and reopened the favorable determination of her second application. The Appeals Council consolidated the cases and remanded the cases that fall. The cases came before an ALJ almost two years later and the ALJ decided to deny both of the woman’s applications.

We will discuss more details of this case in our next post, including the mysterious 23-month delay between the remand and subsequent denial.

Source: U.S. Court of Appeals, Ninth District, “Carrillo-Yeras v. Astrue,” No. 09-56515, D.C. No. 2:08-cv-05560-AN, Oct. 25, 2011

By |2019-02-08T20:30:47+00:00January 8th, 2012|Social Security Disability|0 Comments