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happyslug

(14,779 posts)
8. No Recon in RSDI cases (correct name for SSDI)
Mon Nov 25, 2013, 05:04 PM
Nov 2013

RSDI, Retirement, Survivors, and Disability Income.

Around 2000 Social Security decided to speed up the process, dropping Recon for RSDI income cases.

Since this was an administrative change, it could NOT changed anything passed by Congress, this was the first real change in such regulations first adopted in the early 1960s.

Now, when Congress adopted SSI in 1974, one of things Congress did was adopt the existing Administrative system for SSI. This made the Administrative System part of the law passed by Congress's law as to SSI. Thus SSI still had Reconsideration, but RSDI does not.

You are applying to RSDI, (What you call SSDI), thus has no reconsideration, the next step is a hearing in front of Administrative Law Judge.

Now at Administrative Law Judge (ADJ) a Vocational Expert (VE) will be present and should testify that if you miss more then one day of work for any reason (Or combination of reasons) then he will say they are no jobs that exists in substantial numbers in the National Economy. Your case sounds like the type of case that people win at the ALJ Level, the real key is how many days off work your disabilities make you miss. That I have no information (and want none) on your restrictions, that is between you, your doctor, and your lawyer and sooner or later the ALJ. The issue is how restricted are you by your disabilities. Tell you Lawyer, Your doctor and get them to say that is compatible with your disabilities.

Those are issues in your case. Concentrate on them, Make a list of how you get around, where and when you are going and how you feel afterward. How often you have to cancel doing things do to your restrictions, These will help you address what the ALJ wants.

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