I applied for SSDI last year and was denied, so I got a lawyer and we filed an appeal. At the time I filed, I used bipolar and HTN for the reasons I can not work. Since that time, I have been diagnosed with Severe Obstructive Sleep Apnea, and mild peripheral neuropathy. Will Soc. Sec. know about the additional physical conditions? My lawyer has said that he would schedule an IMO about a month before going to the ALJ and BVA, but are the appeals limited to conditions in the original claims?

It is my understanding that the VA looks at each condition individually for TDIU qualification, but that Soc. Sec. looks at everything and somehow combines the conditions into a gestault condition, which is used to determine if the applicant qualifies for SSDI.

I am extremely annoyed with my lawyer, as I have left two messages for him to contact me in the past two weeks and he hasn't. I am going to his office tomorrow, and would like to be better informed than I am now.

Thanks,

Louis

Bonzai,
In my opinion you DO want SSA to have your medical evidence
for ALL Medical Conditions you have.
The lawyer sounds typical - you get to talk, when they call you ~ lol.
jmho,
carlie

Bonzai:

I cannot see how putting off informing SS of this diagnosis would help your claim.

I guess I wasn't clear.

Can additional information be added to a claim that is in appeal for SSDI? BVA?

Louis

And how would it be added?

Yes

That is what I get for asking a compound question...

It is my understanding that a claim under appeal to the BVA only addresses the conditions in the original claim, and any new conditions have to be addressed in a new claim to the VARO.

But Social Security is different and looks at all conditions to come up with a determination. So how do I get the new conditions added to the SSDI claim?

Or am I totally confused? again...

Louis

Louis:

I apologize I am not doing well today and I will defer to other Members to answer your questions

Louis,

Is your attorney handling both your VA and your SSDI claims?

Your attorney should have submitted the new evidence to the SSA.

I would want my IMO as soon as could be scheduled. I had to get all of my medical diagnosis and opinions in place prior to submitting the information to my attorney. Having your attorney schedule the IMO doesn't sound right to me, may be wrong, but that's not the way my attorney worked.

You have enough to get the SSDI; I submitted several conditions, and SSA gave Me SSDI on two of them, and there not the same as the VA comp that I get. Bipolar disorder is one of them.

When you go to your ALJ hearing, make sure someone drives you to it...don't drive yourself.

SSA told Me there are some medical conditions that the VA will compensate for, but SSDI will not pay disability on...HTN is one of them.

As much money as attorneys make you would think that they could have someone to answer any questions.

Steven

"Will Soc. Sec. know about the additional physical conditions?"

They will if they get medical information that documents them-
Have you called SSA office handling your claim to see how to present them with this info?

"My lawyer has said that he would schedule an IMO about a month before going to the ALJ and BVA, but are the appeals limited to conditions in the original claims?"

Yes- The BVA only has jurisdiction over the claimed disabilitites in the claim that is being transferred (or has been transferred) to the BVA.

They cannot act on other issues that are still before the VARO.
Sometimes the will mention other pending issues in the decision
but cannot decide on them.