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HI DAVID, FIRST OFF THANK YOU FOR TAKING THE TIME TO READ THIS AND HOPEFULLY HAVE A IDEA FOR ME ON THIS TOPIC..THIS IS ABOUT MY 35 YR OLD DAUGHTER. SHE HAS BI-POLAR DISORDER AND SHE CAN NOT KEEP A JOB FOR MORE THAN 8 MONTHS TO 1.5 YEARS. SHE HAS HAD VERY GOOD JOBS IN THE PAST BUT SHE WILL HAVE A BREAK DOWN AND THAT IS THAT. JOB IS GONE..THE LAST JOB SHE HAD SHE WENT OUT ON WORKMENS COMP FOR CARPAL TUNNEL..MAKE A LONG STORY SHORT SHE HAD THE OPERATION WHICH DID NOT TURN OUT GOOD. SHE HAS LOST A LOT OF HER MOVEMENT IN HER FINGERS AND NERVE PROBLEMS AS WELL. WENT TO  ANOTHER SURGEON TO SEE IF HE COULD MAKE IT BETTER BUT HE COULD NOT.SO THIS LAST SURGEON TOLD HER YOU MAY WANT TO GO ON SOC SEC DISABILITY BECAUSE YOUR HAND WILL NEVER BE THE SAME. HER PREVIOUS JOBS INVOLVED KEYBOARDING AND THE DOCTOR TOLD HER SHE CAN NEVER DO THAT AGAIN. SHE WILL NEVER REGAIN THE STRENGTH IN THE AFFECTED HAND. THE DOCTOR IS VERY WELL KNOWN IN HIS FIELD.. SO SHE WENT THROUGH ALL OF THIS AND GOT A LAWYER AND TOLD THIS LAWYER THAT SHE ALSO HAS BI-POLAR DISORDER.THEY FILED A CASE AND THE JUDGE WANTED HER TO GET A ANOTHER EXAM ON HER HAND AND HAVE A PSYCHIATRIST'S OPINION ON HOW SHE REALLY WAS. THE JUDGE PROVIDED HER WITH THE NAMES OF THE DOCTORS THAT THE JUDGE WANTED HER TO SEE. THE DOCTOR FOR HER HAND SAID THAT SHE WAS WEAK IN IT BUT COULD NOT REALLY SAY ABOUT THE NERVE DAMAGE..THE DOCTOR FOR THE BI-POLAR FOUND THAT SHE COULD NOT HOLD A JOB AND SHOULD BE APPROVED FOR SS. THE JUDGE TOLD MY DAUGHTER THAT SHE WAS SO YOUNG AT 33..AND THAT THE JUDGE WOULD LET HER KNOW IF SHE WAS ELIGIBLE. WELL THE JUDGE DECLINED HER SS BENEFITS. MY DAUGHTER CONTINUED TO SEE THE PSYCHIATRIST THAT THE JUDGE HAD REFERRED HER TO, AND THAT PSYCHIATRIST EXPRESSED GREAT SURPRISE THAT MY DAUGHTER WAS NOT APPROVED FOR THE SOCIAL SECURITY BENEFITS.  SO MY DAUGHTER HAS REINSTATED THE CASE AND JUST GOT A LETTER FROM THE SS BOARD THAT THEY WILL  OPEN UP THE CASE AGAIN AND WITHIN THE NEXT 2 TO 3 MONTHS SHE WILL HAVE TO GO IN FRONT OF THE SAME JUDGE AGAIN AS SHE DID THE FIRST TIME TO SEE IF SHE IS ELIGIBLE TO RECEIVE BENEFITS. SHE HAS GOT A NEW LAWYER THAT JUST WORKS ON THESE CASES..SHE IS ALSO GOING TO A COUNSELOR AND A PSYCHIATRIST FOR HER CONDITION WHICH I THINK WILL BE VERY GOOD IN HER FAVOR..BY THE WAY SHE JUST GOT RELEASED FROM THE HOSPITAL BACK IN APRIL FOR ANOTHER BREAK DOWN SHE HAD THAT LASTED 3.5 WEEKS. NOW YOU HAVE A GOOD BACK GROUND ON THIS CASE.COULD YOU PLEASE TELL ME WHAT WE SHOULD BE LOOKING INTO TO TRY TO GET HER THE BENEFITS THAT I FEEL SHE REAL NEEDS. SHE IS MARRIED  AND HAS 3 KIDS..BUT HER BIPOLAR KEEPS HER FROM WORKING..ANY LIGHT THAT YOU CAN SHED ON THIS TO HELP US WILL BE GREAT. IS THERE SOMETHING ELSE WE CAN PURSUE THAT WE HAVE NOT ALREADY DONE ?  I KNOW THAT ALLEXPERTS REQUIRES FAST REPLIES. DO NOT FEEL YOU HAVE TO GET BACK TO ME THAT FAST. TAKE YOUR TIME AND THANKS YOU SOOOO MUCH IN ADVANCE TOM..

Answer
Honestly it sounds like you are properly pursuing the social security claim.  It sounds like you were denied at the Hearing, but that someone appealed to the Appeals Council and that they decided to send the claim back down to a Hearing because of an error.  

You may want to look at the reason why they sent the claim back down to the Hearing.  There is usually a reason.  For example, maybe the judge failed to address a piece of medical evidence.  You could see if that piece of missed information could be expanded on.

However, the Hearing is really a chance to get a judge to agree that she cannot work.  Mental illness cases are difficult to when in NC.  I hope New York is different.  The best evidence comes from the psychiatrist.  Support from the psychiatrist fully explaining why she is disabled is the most you can ask for. Your attorney will know what to get from the doctor to best support the claim. You might want to look at the prior judge's decision as to why they did not find the doctor's support sufficient last time.

Thanks,

David A. Jones
Harrington and Jones, PA

Disability Law

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David A. Jones

Expertise

Social Security Disability Long Term Disability Workers' Compensation

Experience

I am attorney who has practiced for over 10 years in these areas

Organizations
North Carolina Advocates for Justice

Education/Credentials
UNC Graduate Campbell Law Graduate Law Review

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