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Old 07-16-2010, 10:36 AM   #1
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second hearing scheduled

I have my second hearing in Sept of this year. Question is I currently get ssdi because i filed a second claim while awaiting appeals decision.
Does this affect my current disability or is this just for back pay from 05-08.
thank any help appreciaited
DIane

 
Old 07-16-2010, 11:19 AM   #2
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Re: second hearing scheduled

If you are currently getting SSDI and have a letter awarding you as such, I wonder if there's confusion at SS. If you have an attorney have his/her office contact SS to see the reason for the hearing. If not, call SS to clarify the reason for the hearing.

Any SS award letter you would have received would provide the date benefits begin. So if it has a date in the past then you should be getting back-pay. I don't think it would take a hearing to discuss this - many times SS has to evaluate if you received or were eligible for SSI while waiting for SSDI. If you did receive SSI they deduct that from any back pay
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Old 07-16-2010, 11:25 AM   #3
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Re: second hearing scheduled

I applied in July 05 and was denied in 08 with judge. We appealed that case and since it can take years i was advised to file a new claim. I did and won the second case. Meanwhile my first claim was ramanded back to judge for second hearing.

 
Old 07-16-2010, 01:13 PM   #4
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Re: second hearing scheduled

Interesting, I guess the hearing will decide if they can go back farther in back pay to 2005!
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Old 07-17-2010, 07:42 AM   #5
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Re: second hearing scheduled

Quote:
Originally Posted by daph10 View Post
I applied in July 05 and was denied in 08 with judge. We appealed that case and since it can take years i was advised to file a new claim. I did and won the second case. Meanwhile my first claim was ramanded back to judge for second hearing.
I am in almost the same place. I became disabled in 07 and was denied by the judge in 09. That first case is at the Federal Court level, an I am waiting for a date for a second hearing. I was also advised to start a new case, which I did a few months ago.

The way my attorney explained it to me, if you win the second hearing, it is for your back pay from 05-08, and will not affect your current disability.

Good luck! I hope you get all that backpay.

 
Old 07-17-2010, 11:17 AM   #6
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Re: second hearing scheduled

thank you for clearing that up for me. Good Luck to you

 
Old 08-01-2010, 11:56 AM   #7
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Re: second hearing scheduled

Quote:
Originally Posted by daph10 View Post
I have my second hearing in Sept of this year. Question is I currently get ssdi because i filed a second claim while awaiting appeals decision.
Does this affect my current disability or is this just for back pay from 05-08.
thank any help appreciaited
DIane
The second hearing is not just about back pay. It is about you getting benefits at all! It is my understanding that if you win on your second claim and your first claim is remanded by the Appeals Council back to an ALJ, your award on your second claim is vacated (undone, so to speak). Then it is up to the ALJ at your second hearing to decide if you will be awarded SSD. If you are denied at the second hearing after winning your new claim, your checks are stopped and you have to pay back everything you have received. The Appeals Council has three choices of ways to go with their decision. They can uphold your win of your second claim and approve your previous claim, thereby awarding you any back pay you are entitled to. Or they can refuse to review your first claim at all. You will continue to receive your pay that you were awarded on your second claim if this happens. Or they can remand your first claim back to the ALJ for a second hearing.

I am in the same situation as daph10. I originally filed in March of 2008. Was denied at application and recon. Went to the ALJ hearing in Sept. 09 and was again denied. Filed an appeal to the Appeals Council and filed a new claim in Feb. 2010. I won at the application stage. I am waiting for the Appeals Council's decision now and worried to death about them remanding it back to the same judge I saw before. The thought of loosing the benefits I won after so long and then having to somehow pay them back is overwhelming. I read a post about someone sending a copy of their award letter to the Appeals Council and about a month later received a fully favorable decision from the Council and was awarded all their back pay. I am planning to do the same thing. My advocate called the Council and they said it was a good idea. So....

Has anyone here had it happen where you lost at a second hearing after winning a second claim and your benefits were taken away?

 
Old 08-02-2010, 04:50 PM   #8
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Re: second hearing scheduled

My lawyer said it has no bearing on my disability I am recieving now. Where did you get that info so that I can tell my lawyer. I do not want to jeopardize what I rec now
thanks

 
Old 08-02-2010, 07:00 PM   #9
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Re: second hearing scheduled

I know what you mean about jeopardizing what you get now. I have the same problem. I searched and searched for info online about this and I read it in a document that was written by a SS Appeals Council judge. She said that they look at these kinds of cases very closely. I can't remember her name, but I will search again and try to find it. I will post it here if I can find it. I asked my advocate about it and he said yes, this is a possible outcome, but most of the time they are swayed by the award given by DDS and they uphold it. Well, what is "most" of the time? 51% ? I'm not sure I want to take the risk. I am due a large amount of backpay, but I might rather be secure in knowing that I am already getting benefits. It's taken almost 3 years to get here. I can't imagine having to go back to the same ALJ that I had before!! I would almost rather they just refuse to review my case! I feel it is a very strong case now.....with allot of new medical info. since my hearing, but I'm not sure about the outcome since this all seems like a crap shoot anyway. My appeal was filed at the same time I filed my new claim, which was in February, so I haven't heard anything from the appeals council yet. I was just awarded SSDI on Thursday of last week. I was so happy, but at the same time so worried, since it wasn't final really. Bittersweet!!

But Daph10, you are already scheduled for a hearing so I would suppose it's too late to cancel your appeal. I think I can still cancel if I want to. I would really like to know what your outcome is.

 
Old 08-02-2010, 07:34 PM   #10
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Re: second hearing scheduled

I will be calling my lawyer tomorrow, if there is even a one percent chance i will lose these benefits I am cancelling thx keep me updated

 
Old 08-03-2010, 08:34 PM   #11
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Re: second hearing scheduled

I talked to my advocate again today and he again said yes, you could loose everything, but the forum he is on has alot of attorneys on it and he has asked about this and they all said it is a "remote" chance that it would all be cancelled. They all recommend filing the second claim. It usually ends well. So, that's all I know for now. I just found out last week that I was awarded. My local office called and told me because I hadn't given them any direct deposit info yet. I almost fell over...I was so shocked. That was Thursday and I already received my back pay!! I didn't expect it so soon after reading about it taking so long for some people. My advocate told me to check my bank account because he had already received his pay. Well, there it was!! I haven't even received my award letter yet! It's just overwhelming to finally have this happening. I started crying on the phone when the woman called and told me I got it. I wish someone else that has had the same thing happen....(winning the second claim while waiting on the appeal from the first)...would write in and let us know the outcome if they have been through the second hearing. I want to be more informed of my chances so I can make the best decision.

 
Old 08-04-2010, 06:46 AM   #12
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Re: second hearing scheduled

You said you rec backpay? I filed in july05 denied in Jan 08. Filed new claim in Jan08 awarded in july 08. My appeal remanded back to judge with a new hearing date of sept 29 2010. The backpay I never rec backpay, My second claim is my backpay. I thought you filed again and rec it and you got backpay, I am confused plz help
Sorry my first claim is my packpay

Last edited by daph10; 08-04-2010 at 11:10 AM.

 
Old 08-04-2010, 08:05 PM   #13
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Re: second hearing scheduled

Looks like you only had 5 months from the denial of the first claim to winning the second. That's why you didn't receive any back pay. They automatically withhold 5 months of pay. I didn't file my second claim until 3 months after my denial of the first claim. I was awarded 5 months after I filed but my claim legally could go back to the day after the first denial, which was in November 09, so after they withheld the 5 months I still had 3 months that qualified for back pay. So if we are fortunate enough to win at the second hearing your back pay will be calculated up to the date of the first denial because we have been paid for everything since then. I have claimed back to Jan. 1, 2006, but I don't think the ALJ allow me back that far. More than likely he will go back to the date of my diagnosis, which was in July of 2009, even though I haven't worked since the end of 2005. I've read that it happens like that alot. If that happens my back pay will only be 3 or 4 months worth. That's not worth the risk of losing everything! So, I still don't know what to do.

 
Old 08-04-2010, 09:03 PM   #14
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Re: second hearing scheduled

The 5 months waiting period is not from date of application but from the date of disability onset as determined by SS.

My example:
Date of onset 4/28/09
Date of app 8/1/10


If SS agrees with my first day out of work, 4/28/09, as my date of onset then my 5 month waiting period is May, June, July, Aug, and Sept 2009. Thus SS could be awarded retro to 10/01/09.
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C5-C7 foraminotomy 08

 
Old 08-05-2010, 07:10 AM   #15
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Re: second hearing scheduled

Yes your right I think I was just confused. I appealed ASAP after the first denial.
I called my lawyer and am still waiting for them to tell me if this will hurt my current SSDI I am rec. I honestley think no one on the boards has ever had this happen a second hearing and rec ssdi on second try. I wish someone has already gone thru this. I will keep you posted on this when I hear from my atty. If u need to email me please feel free. thx Diane

 
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