Legal Question in Social Security Law in California

The Appeals Council received 4 certified mail requests from me asking for the SSDI claim hearing testimony recordings and transcripts and the case file used by the ALJ (which differed from mine). They refused to respond. I confirmed the requests were sent to the proper location and did get there. However, the AP has ignored me until a couple of day ago. They sent me a letter demanding I file my Appeals Council Brief in 25 days (without the hearing records and no way to verify issues or challenge them properly). Do I have to file a complaint in federal district court to compel the AP to deliver and to provide additional time to file the Brief once I receive the records, etc.? If so, what is the code/law/motion that I need to file? {Note: I could not get an attorney for my case and now there is no time left. I have only about 18 days to respond or they will kick my case out at the AP level---I found over dozen reversible ALJ errors and a bunch more at the medical review and reconsideration levels (they broke the law like a kid eats M&Ms;. Anyway, I am not sure if I should just file a Provisional Brief or go to federal court or do both or what?

Asked on 12/05/17, 1:34 pm

1 Answer from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

File a letter brief outlining your efforts to get the record. Attach your letters along with the proof of mailing as exhibits.

Also raise all disputed issues and mention you are unable to fully brief due to AC's failure to provide you the record.

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Answered on 12/05/17, 4:29 pm

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