Legal Question in Social Security Law in Maryland

Re: Re: Administrative Law Judges

If the administrative law judge has confused your records with someone else's, it is definitely a reason for the case to be reexamined. This doesn't necessarily mean that a correction of the record and a new look would result in a favorable decision, since theoretically someone else's medical records could either help or hurt the claim. But a decision based in part on someone else's records might at least result in a remand and possibly a new hearing. Your lawyer should, within 60 days of the decision, file a Request for Review with the Appeals Council. Appeals Council judges will examine the file and make a decision either (1) that there should be a new hearing, (2) that there should have been a favorable decision but for the wrong person's records, or (3) that the mistake of the wrong records had no serious impact on the decision and that the denial was correct. Without knowing what was in those records which shouldn't have been in the file, it's impossible to predict what the final result will be.

Re: Re: Administrative Law Judges

Based on the limited information you disclosed, it could be a reasonable basis to remand the case.

But maybe not.

Call your Rep ASAP. You must file an appeal within 60 days of the ALJ decision. You will then have an opportunity to submit additional exhibts and arguement.