To Whom It May Concern:
This is a request for assistance in writing a Pro Se opening brief for the District Court Level of my Social Security Disability Claim.
I'm in need of legal assistance at the District Court level of my Social Security Disability Claim. So that I my write an opening brief - Pro Se. It has been almost a decade and I'm still being denied and turned down. I have contacted the Oregon State Bar Association but have not been able to find an attorney that will represent me. To list some of the disabilities I've made claim for in hopes of someone seeing this and replying with advocacy I'm listing the following:
(1) Brain Aneurysm with clipping - (2) PTSD - (3) Hep-C - (4) Medically Retired from USMC at 40% - (5) Anxiety Disorder - (6) Chronic Pain
and there are more disabling factors or diagnosis that have supporting documentation that have been submitted over the years with each denial.
Here is the problem I'm facing. It is in the Administrative Law Judge's (ALJ) opinion or discretion that for some reason I do not fulfill the earmarks for disability. Yes I said in the ALJ's opinion or discretion not based on facts or any evidence on the Social Security Administrations part. They have jockeyed the dates around to make it appear I am in-eligible it seems. More explained on this in the following paragraph. Now that enough years have pasted I continue to get the "I'm to busy" or "I can not help you" answers from most everyone I contact. I have submitted literally stacks of evidence, doctors diagnosis, V.A. medical progress notes, personal statements, statements from many professionals (mental health, social worker, & others) proving my claim, however, now it is a matter of if the Social Security Administration has committed an error of law ? They have because I'm disabled and have a tremendous amount of evidence that I have submitted that verifies that. I also have a letter from the V.A. Vocational Rehabilitation Program stating I am un-trainable and un-employable which was the result of over a year and half of evaluations physically and for mental-health as well as being sent out to the private sector when I attempted to return to school under the Vocational Rehabilitation Program in 2007 because I had to attempt to do something to survive.
I can not understand why it is so tough to see that I have never returned to the work force since the original onset (24 Jan 1997) when I was run into by a drunken driver and of course after a temporary 18 month period I would not qualify even though with each denial I have submitted substantial documents and evidence that support my claim. Almost with every denial more disabling diagnosis and factors were submitted in addition to evidence that should have reversed the denial decision over this past decade or so. Therefore the Social Security Administration has made an error of law simply because they have received new and material evidence which has continued to show a contrary decision. Also, I believe that my claim has not been properly handled by the Social Security Administration not only because evidence was submitted that proved contrary to the denial(s) but there was new and additional evidence submitted with each appeal.
Because of the several continued hearings which I appeared before different ALJ's each time and that the Appeals Council in fact did not review the unfavorable decision of the last ALJ and the fact that I have not engaged in any substantial gainful activity for more then a period of 12 months (since Jan 24, 1997).
All evidence has not been taken into consideration in determination of my claim, although it is stated that consideration has been given to the entire record, it is apparent that has not been the case. This is evidenced by the decisions concerning just one of my impairments or a combination of impairments, also, the residual functional capacity findings when I have submitted various letters and diagnosis that clearly state I'm unable to return to school or work do to the combination and severity of my impairments. Therefore I contend that the Social Security Administrations failure to review my claim at the Appeals Council Level and the ALJ's decision are an error in law based on the evidence submitted.
Bottom line is I need legal assistance because I can not seem to retain an attorney at this level to write a brief for district court hopefully in order to have the court remand or send my claim back to Social Security so that it may be reviewed and a possible award be given. I have a 950+ page transcript from the court from Social Security on CD. If I fail at this step it will all be dropped and I will have to open a new claim. Yes, this is absolutely crazy but it is our system and I need legal assistance and advise immediately. Based on the facts and evidence and not the opinion without supporting evidence and the time line that can only speak for itself that has denied me. I feel I have a real claim and can not let 10 years of my life just be dropped because of an error in finding, or a decision not supported completely by substantial evidence, and also no true weight given to the continued receipt of new and material evidence with each denial that supports a contrary decision. Strange part is I guess I was awarded 18 months of disability way back when (1/1997 - 6/1998) but had no knowledge of it or that I needed to appeal it then ? I had an attorney then (Robert Black) and have contacted him but he refuses to take the case. It all started 24 Jan 1997 when I was run into by a drunken driver in front of my church (Easthill.org) while picking up my son on a Friday night. I haven't been able to return to the work force full time since that day. I had no idea that I would not and through the years have had continued major problems that I beleieve are directly related to that accident (lose of spleen, brain anuerysm & the initial transposition of my ulnar nerve...to mention a few).
Please help or refer someone that could possibly. I have 60 days on an extension to write an opening brief or it all goes away...please help if at all possible.
Thank you and God Bless,
John R Penwarden - medically retired disabled veteran - brain aneurysm survivor
"I predict future happiness for Americans if they can prevent the government from
wasting the labors of the people under the pretense of taking care of them."