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Old 03-08-2010, 11:40 AM   #1
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Reconsideration denied, filed for ALJ....how long until I get a date?

SC gal here. Does anyone know how long it takes from when the ALJ appeal is submitted before you get a date for the hearing??? and why do lawyers ask some to file a new application while waiting??

Thanks so much!!

 
Old 03-08-2010, 06:57 PM   #2
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Re: Reconsideration denied, filed for ALJ....how long until I get a date?

You shouldn't file an new application until AFTER you are denied at the ALJ hearing. If you appeal to the Appeals Council, then you can also file a new application. I know this because I did it. I have an appeal at AC and was told to file a new application right away, so I did. I am waiting for the decision on my Initial application for my new claim and I'm also waiting for a decision from the AC to see if it will be remanded back to the judge or if they decide it themselves...or if they deny it outright.

I filed for SSDI 09/06 and I didn't get my ALJ Hearing until 06/09. 3 years from my last day of work. I'm in Ohio.

Hope this helps a little.

Fee

 
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Old 03-08-2010, 07:06 PM   #3
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Re: Reconsideration denied, filed for ALJ....how long until I get a date?

I agree with feefee920 that you don't file a new application until AFTER you are denied at the ALJ hearing. My ALJ hearing is in appeal, and I filed a new application last month.

My hearing was 10 1/2 months after I applied for it. I am in Texas.

 
Old 03-09-2010, 03:00 AM   #4
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Re: Reconsideration denied, filed for ALJ....how long until I get a date?

my hearing after i was denied at reconsideration and appealed it was 18 months in tennessee

 
Old 03-09-2010, 06:04 AM   #5
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Re: Reconsideration denied, filed for ALJ....how long until I get a date?

Wow..... that is a long time. thanks for sharing! i have some other questions... what are the disadvantages of just filing a new application at this time? I mean the decision is bound to be quicker. does not filing an appeal look bad to the new claims adjuster? or is it just about the backpay and losing it? honestly at this point the backpay WOULD be nice but getting approved would be even better. it would end some of the stress im under by just knowing its done and i can start focusing on more inportant things like getting better.

so if anyone else has input i would love to read it!

 
Old 03-09-2010, 07:06 AM   #6
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Re: Reconsideration denied, filed for ALJ....how long until I get a date?

I believe if you file a new claim before your first claim is denied at the ALJ level that they will combine the 2 claims together and treat them as one. I've read that you could (or do) lose your back pay if you do this...that's why you have to wait. I know it sucks...

 
Old 03-09-2010, 09:47 AM   #7
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Re: Reconsideration denied, filed for ALJ....how long until I get a date?

Last year, the Appeals Council denied my consideration for review (they didn't even look at it), stated it didn't warrant a review and agreed with ALJ's decision. My attorney, then filed to the Federal court level. In October 2009, the Federal court remanded my case back to ALJ for a new hearing, as they felt judge made mistakes, (like not following their own medical expert testimony that my illness would make me miss 25% of work in a month), Judge had only put on denial letter I would miss 1-3 days a month. My attorney sid I should file a new case, it took me two months to file, I really didn't want to, till attorney's Asst. said I really should, it was denied 6months later.

Both cases were put into one by the federal court, the new case filed in 2009, the soc. sec. worker put my start date for disabilty, same as first one too.

In January 2010, I recived notice from same ALJ judge, I will be having a hearing soon.

I've taken it all the wway to the federal level, I'm scared to see same judge again, but one thing he will see is my condition has not improved, its gotten worse, have new medical tests to proof.
I hope I win, I'm so tired of all this, been fighting for SSD since 2006, I already am fighting a terrible disease, why do I have to fight for my SSD, too!

Bella

Last edited by sbella68; 03-09-2010 at 09:53 AM. Reason: added

 
Old 03-09-2010, 12:39 PM   #8
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Re: Reconsideration denied, filed for ALJ....how long until I get a date?

Quote:
Originally Posted by feefee920 View Post
I believe if you file a new claim before your first claim is denied at the ALJ level that they will combine the 2 claims together and treat them as one. I've read that you could (or do) lose your back pay if you do this...that's why you have to wait. I know it sucks...
It is true that you lose your backpay , filing a new claim of disability , because the date of onset will change. I refilied for SSDI the first time I was denied , because i was frustrated with the whole system.
A copule yrs later i became more ill, and refiled . Social Security made me refile all over again and start out fresh. I was denied agian the first time , however the second time on the reconsidersation level was approved, bu the date of onset , was change to a whole yr later. I lost a yrs backpay for re filining .
But, still recieve a good chunck of backpay anyhow.

 
Old 03-19-2010, 09:31 AM   #9
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Re: Reconsideration denied, filed for ALJ....how long until I get a date?

I filed in JUly 05. Went to my hearing in Sept 07 and was denied all the way to the judge. My attorney appealed this to the Appeals Council and I just rec'd letter from Appeals council in NOv 09 it will be sent back to the judge who denied me. It took 2 yrs from denial of judge to get a letter from the Appeals Council. While it was at the appeals council I filed a new claim in Jan 08. I was awarded on the first try. So that is why if a judge denies you, u can try again. It takes so long to hear from the appeals council.
It is March and i got letter from appeals nov09. Still waiting to hear something from the judge who denied me to go back to see her.
It all takes so very long and the mental stress justs adds to the physicalities.
Good luck in your case. I pray for everyone who has to go thru this mess , when you have worked your whole life to be told you can do it. I wish I could. I had a great job which paid alot more than SSDI.

 
Old 03-19-2010, 10:26 AM   #10
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Re: Reconsideration denied, filed for ALJ....how long until I get a date?

I would follow the advice of the others here and not file another application until after the ALJ hearing if you're denied.I can understand the reasons you would want to because the process is so long but it really will not speed things up for you.
Daph10 and Sbella68 I really feel for both of you! My case was similair in that all my medical records were not presented at the hearing which made the judge rule unfavorable and I believe he thought I was a liar because the medical evidence was not there for him to see and he didn't take my account of my limitations seriously! The appeals counsel agreed with the judge. The lawyer took my case to the Federal Court and they agreed I didn't recieve a fair hearing.
I then had to wait for another hearing. My lawyer said if it's the same judge she wasn't sure about the outcome because these judges don't like to be told they were wrong! And this judge was known for denials!
Luckily I had another judge and he gave me a favorable right there at the hearing and even apologized. I'm not trying to discourage you if you have the same judge....I think it's up to the lawyer to argue your case etc...and many are approved at the 2nd hearing!
This entire process for me took 5 long years!!! Now I am having to wait months on end for my backpay! It is frustrating!

 
Old 03-19-2010, 10:51 AM   #11
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Re: Reconsideration denied, filed for ALJ....how long until I get a date?

Just wondering something..... ok, I filed for my appeal for the admin hearing... do I have to wait two years to hear something from them? I read on the admin law court page that once the "agency (is SSA included?)" recieves my request, the court is electronically notified and I should be assigned a judge and sent a letter within a week. I don't know if that refers to disability claims as I filed on February 12th and have yet to hear anything from them. Can anyone in SC tell me how long it took for them??? Will I have to wait for 2 years before I can asked for a OTR or can I submit that request now? I am just thinking if I can get it reviewed, if its denied then I can refile..... but I think I have to wait for the letter and I don't know when that comes......

Last edited by monkeytoes; 03-21-2010 at 04:33 PM.

 
Old 03-21-2010, 04:35 PM   #12
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Re: Reconsideration denied, filed for ALJ....how long until I get a date?

duplicated by accident

Last edited by monkeytoes; 03-21-2010 at 04:37 PM. Reason: duplicated

 
Old 09-01-2010, 08:35 AM   #13
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Re: Reconsideration denied, filed for ALJ....how long until I get a date?

Have you heard anything about your appeal or 2nd application?
I went thru all this and now am worried about 2nd hearing, as I do get ssdi now and have to go back to court on first appeal. Thx

 
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