Denied by ALJ and filed the Appeal

Discussion in 'Fibromyalgia Main Forum' started by confident, Sep 24, 2005.

  1. confident

    confident New Member

    How many of you have gone through this process and ended up with the approval?

    Could you please share your experiences?!

    My attorney had just filed the Appeal, however, because of my last insured date going back to pre-1997, it is my one and only chance for this claim to ever be filed.

    I would greatly appreciate any information.


    Tati




  2. 69mach1

    69mach1 New Member

    did you already have your hearing w/the judge? so does that mean you have to file the one out of i think virginia area? i understand that you have already been denied the intial phase, which is pretty normal, then you do the reconsideration, then may get denied, which is sorta normal. then you go to the hearing level and meet w/judge and get questioned by him/her and the vocational specialist. is that your next step. or do you have to do the federal appeal?

    i had to go to the judge level in my county last year then i got approved for a closed case. it took 6 and half months to get the back pay and i didn't get to use the medicare because case was closed before i was approved. it was clsed on my hearing date...

    now i have an open case in the inital phase again, should be hearing somethign soon by ocoter 7th. hoping i get approved on the firtst time. my attorney said it would be much easier this time around. and if i am denied at the intial phase to contact her again and she will go ovet thepaperwork with me. she is great she can go to the federal appeal level. only 5 in the san francisco bay area that can do or will do that.

    if i were to be denied in the closed case they would have appeal it to the federal level. i think that is what you may have meant. but if it is at the state level usually that is where you get approved at. federal level i don't have any experience at the level. and always ask jyou attroney for they don't get paid if you don't win. so try to relax and not get too stressed out. easy to say i know.
    i'm trying to do the same thing on my end even though it is the second time applying for ssdi to get approved.

    good luck

    jodie
  3. confident

    confident New Member

    Jodie,

    Thank you very much for your reply.

    My attorney sent all the paperwork to Falls Church, VA to appeal the earlier decision of the ALJ.

    The reason why I am so nervous about it is, that if I loose this appeal, I would not be eligible to file another SSD claim ever again.

    You seem to be in a much better position in this regard, even though the waiting is difficult, of course. My sincere wish for you is that you would get it very soon.

    Good luck,


    Tati
  4. suzetal

    suzetal New Member

    You can reopen a case after it has been denied at the fedral level.

    Go to SS.gov on line Hand book.

    look under chapter 20
    Laws 2001.1
    " " .2
    " " .3
    And Law
    2016.1
    2016.2

    You can reopen a case withen 12 months or 4 yrs . When new matterial and or evidence is submitted.

    Hope This helps you.

    I won my case on a bench approvel last Monday.
    I did lots of reaserch.

    My Lawyer said she had never had a client with so much positive evidence for a hearing .

    Good Luck
    Sue
    [This Message was Edited on 09/25/2005]
  5. 69mach1

    69mach1 New Member

    i'm sure you can file a ssd claim again, the date my be different just would be starting all over from stractch again. can't remeber who already posted to you about the check out the ssa.gov site. good luck

    jodie
  6. confident

    confident New Member

    Thank you everyone for the information you had given me so far, but I think I need to explain a little bit me about my situation.

    My case is somewhat complicated by the fact that my last insured date to be eligible for SSD is December of 1996.

    Therefore, the ALJ only looked at my records from 1989 to 1996.

    Even though she actually acknowledged just how strong these records were, she however, based her decision on a 2005 FCE report completed by one of the SSA doctors, who has not even seen me, and a testimony from a Vocational expert who suggested two sedentary jobs that I could do.

    Furthermore, the ALJ completely dismissed a ton of other medical evidence that was supporting my disability only because it was after the “relevant time”.

    My lawyer told me that if I had my doctors complete my own FCE, it would not help me now, unless they would be able to say that is how I was back in 1996. It is very confusing to me.

    All I can do now is to wait for the results of the Federal Appeal and hope for the best.

    I was just wandering if anyone could tell me what happens during this process, how long does it take, etc...

    Again, I was told that if my Appeal is exhausted, I am not eligible to file a new claim because of my last insured expiration date.

    Thank you for any information,

    Tati






  7. suzetal

    suzetal New Member

    denied this time you need to start over and file a whole new case.

    You will need to ignore all your old records from 1989 to 1996.

    It will be like you never filed before.Start a new with your current records.Will need to start a new date for when you first were not able to work for at least one full year.

    Good luck.
    Sue