[PA] "Reply" to Social Security "Anwser"

[FlintLock]

Hello all,

I'm in a very desperate situation here. I'm from PA and I have been pursuing a Social Security Civil Action case with the help of an family friend who is an attorney. He couldn't defend me, but he gave me templates and simplified examples of what I needed to do and with the aid of my family I was able to make it to where I am now. However, now for reasons that are very private the lawyer is no longer able to aid me and I'm at the stage where the Social Security Administration as submit and Answer to my Complaint. Can anyone please give me an idea of what a Reply template would look like. I've gathered all the evidence that I believe proves their guilt I just need a way to present in an acceptable manner to the Middle District.

Thank you so much!

 

[Zigner]

Hello all,

I'm in a very desperate situation here. I'm from PA and I have been pursuing a Social Security Civil Action case with the help of an family friend who is an attorney. He couldn't defend me, but he gave me templates and simplified examples of what I needed to do and with the aid of my family I was able to make it to where I am now. However, now for reasons that are very private the lawyer is no longer able to aid me and I'm at the stage where the Social Security Administration as submit and Answer to my Complaint. Can anyone please give me an idea of what a Reply template would look like. I've gathered all the evidence that I believe proves their guilt I just need a way to present in an acceptable manner to the Middle District.

Thank you so much!

Your request exceeds the scope of this (or any) forum. You may wish to find a local attorney to assist you.

 

[FlintLock]

Your request exceeds the scope of this (or any) forum. You may wish to find a local attorney to assist you.

Every site I've went to has said the same thing. I've gone to every attorney I can find and they won't even give me a template or aid with the case in the least. *sigh*. So, nobody knows the template for a legal "reply". I've seen tons of examples on google, but if someone was familiar with the setup it would be help.

 

[quincy]

Every site I've went to has said the same thing. I've gone to every attorney I can find and they won't even give me a template or aid with the case in the least. *sigh*. So, nobody knows the template for a legal "reply". I've seen tons of examples on google, but if someone was familiar with the setup it would be help.

Did your defendant file a counterclaim or did the defendant just file an answer to your complaint?

Did your defendant file a "preliminary objection" (e.g., for lack of jurisdiction, improper venue, improper service ...)?

You generally do not have to file a response to an answer to your complaint. You address the defendant's answer/affirmative defenses once you are in court by supporting your claim against the defendant and arguing against their defenses.

You really should have an attorney in your area assisting you.

 

[Zigner]

There isn't a form/template for everything.

 

[quincy]

There isn't a form/template for everything.

Life in general would be so much easier if everything had a form.

 

[adjusterjack]

I have been pursuing a Social Security Civil Action case. I'm at the stage where the Social Security Administration as submit and Answer to my Complaint

OK. You're suing the Social Security Administration. How much money are you suing for and what were the allegations of wrongdoing listed in your complaint.

The SSA filed an answer to your complaint. What did it say in response to the allegations in your complaint.

Once the answer is filed the parties typically proceed to discovery whereby they each obtain information and documents from each other.

You are presumably in federal court so you should read the federal discovery rules. See Title V at:

https://www.law.cornell.edu/rules/frcp

I hope you have already read the previous 4 titles.

 

[FlintLock]

Did your defendant file a counterclaim or did the defendant just file an answer to your complaint?

Did your defendant file a "preliminary objection" (e.g., for lack of jurisdiction, improper venue, improper service ...)?

You generally do not have to file a response to an answer to your complaint. You address the defendant's answer/affirmative defenses once you are in court by supporting your claim against the defendant and arguing against their defenses.

You really should have an attorney in your area assisting you.

Thank you for the response. It was just an answer, however I was informed that I don't go before the court I provide a reply in writing. I know I should have an attorney, but while all of them say I have a very strong case most of the general excuses are similar to "You've been at this for years and I wouldn't know where to start"

 

[Just Blue]

Thank you for the response. It was just an answer, however I was informed that I don't go before the court I provide a reply in writing. I know I should have an attorney, but while all of them say I have a very strong case most of the general excuses are similar to "You've been at this for years and I wouldn't know where to start"

Please answer AdjusterJack's questions in post #7. Thanks...

 

[FlintLock]

OK. You're suing the Social Security Administration. How much money are you suing for and what were the allegations of wrongdoing listed in your complaint.

The SSA filed an answer to your complaint. What did it say in response to the allegations in your complaint.

Once the answer is filed the parties typically proceed to discovery whereby they each obtain information and documents from each other.

You are presumably in federal court so you should read the federal discovery rules. See Title V at:

https://www.law.cornell.edu/rules/frcp

I hope you have already read the previous 4 titles.

This was the template given to me by the family friend attorney.

The Wrongdoings are:

In the Unfavorable Decision the Administrative Law Judge made findings that were not supported by substantial evidence of record and that were not in accordance with the legal standards for determining disability.

In making her Decision, the Administrative Law Judge did not fully consider the medical evidence and testimony of the Plaintiff and his treating physicians and the Judge did not make the appropriate credibility* findings regarding the testimony and evidence.

SSA's Response:

They just deny those two paragraphs and then continues by stating that I'm not entitled to it in accordance with the "laws and regulations" then states "the Commissioner's findings of fact are supported by substantial evidence"


If it means anything I have already gathered all the evidence I feel is necessary to prove my case and have it all organized. I found many examples online of replies/replications. I've been just trying to follow those. I'm probably making huge errors, but I'd rather submit something and look like a fool than submit nothing.

I'm following a few examples online and with the information I'm finding at this link:
http://www.nysd.uscourts.gov/file/forms/how-to-appeal-a-social-security-ssi-disability-case

 

[adjusterjack]

It was just an answer, however I was informed that I don't go before the court I provide a reply in writing.

"I was told" = the most dangerous words in the English language. If you don't go before the court when the time comes, you lose.

I know I should have an attorney, but while all of them say I have a very strong case most of the general excuses are similar to "You've been at this for years and I wouldn't know where to start"

Translated: You have a rotten case and we don't want to waste our time.

I have already gathered all the evidence I feel is necessary to prove my case and have it all organized.

What kind of attorney did you talk to? Before you do anything else I suggest you talk to a Social Security attorney. I have read that the fees are generally limited to 25% of any past benefits you get awarded to a maximum fee of $6000.

You should have gotten a Social Security attorney on the initial denial of benefits. Now that you've been denied on appeal, I can't say what your chances of success are.

I'm probably making huge errors

Guaranteed.

Please take another shot at getting a lawyer this week, but only talk to Social Security lawyers who will work on a contingency. At this point there shouldn't be much of a hurry (unless they have asked for a dismissal or Summary Judgment) as you are in the Discovery period which generally is allowed several months for the exchange of information.

 

[Litigator22]

Hello all,

I'm in a very desperate situation here. I'm from PA and I have been pursuing a Social Security Civil Action case with the help of an family friend who is an attorney. He couldn't defend me, but he gave me templates and simplified examples of what I needed to do and with the aid of my family I was able to make it to where I am now. However, now for reasons that are very private the lawyer is no longer able to aid me and I'm at the stage where the Social Security Administration as submit and Answer to my Complaint. Can anyone please give me an idea of what a Reply template would look like. I've gathered all the evidence that I believe proves their guilt I just need a way to present in an acceptable manner to the Middle District.

Thank you so much!

There is not need to file a "reply" to the answer as it does not appear to raise any new issues.

Also, since your pending lawsuit disputing the adverse decision by the Appeals Council is being heard in a federal district court it is governed by the Federal Rules of Civil Procedure which do not permit the filing of a "reply" to an answer unless ordered by the court. (See FRCP Rule 7 (7)

 

[quincy]

This was the template given to me by the family friend attorney.

The Wrongdoings are:

In the Unfavorable Decision the Administrative Law Judge made findings that were not supported by substantial evidence of record and that were not in accordance with the legal standards for determining disability.

In making her Decision, the Administrative Law Judge did not fully consider the medical evidence and testimony of the Plaintiff and his treating physicians and the Judge did not make the appropriate credibility* findings regarding the testimony and evidence.

SSA's Response:

They just deny those two paragraphs and then continues by stating that I'm not entitled to it in accordance with the "laws and regulations" then states "the Commissioner's findings of fact are supported by substantial evidence"


If it means anything I have already gathered all the evidence I feel is necessary to prove my case and have it all organized. I found many examples online of replies/replications. I've been just trying to follow those. I'm probably making huge errors, but I'd rather submit something and look like a fool than submit nothing.

I'm following a few examples online and with the information I'm finding at this link:
http://www.nysd.uscourts.gov/file/forms/how-to-appeal-a-social-security-ssi-disability-case

The link you are using appears to tell you what you need to know.

You might want to consider filing for pro bono counsel, using the sources provided in your link.