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Old 06-28-2011, 10:03 AM   #1
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Denied: Now I have to file to see an ALJ. doing it without an attorney.

So, I was denied the 2nd time. I now have to file to see a ALJ. Not sure how many months, years, or decades this will take.

The people that are letting me live in their camper are nice enough to give me food, shelter, and wifi.

But... I just wanted to tell you guys that I am not getting a lawyer. And, I am not asking for any back-pay either.

I wonder how long it will take to see the ALJ in California. I've heard stories of people talking to the judge via TV satellite - because of the large number of cases in my state.

It sucks. I hope u are all fighting the good fight.

 
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Old 06-28-2011, 12:02 PM   #2
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

I'm sorry you were denied a second time. Unfortunately, that is pretty typical of the reconsideration phase. I had to wait about a year for a hearing date, but I am in Missouri. Not sure how the backlog is in California. I think the average wait time is usually a year or so. I'm glad you at least have a place to stay and someone to help you out while you go through this process!

Why don't you want to use an attorney, if I may ask? I know it can be done without one, but I know the approval rates are much higher if you do have an attorney. Regardless, good luck and keep us all posted!

 
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Old 06-28-2011, 12:17 PM   #3
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

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I'm sorry you were denied a second time. Unfortunately, that is pretty typical of the reconsideration phase. I had to wait about a year for a hearing date, but I am in Missouri. Not sure how the backlog is in California. I think the average wait time is usually a year or so. I'm glad you at least have a place to stay and someone to help you out while you go through this process!

Why don't you want to use an attorney, if I may ask? I know it can be done without one, but I know the approval rates are much higher if you do have an attorney. Regardless, good luck and keep us all posted!
thanks for the reply.

the attorneys I have contacted won't take my case if I am not going to ask for backpay.
plus, it's such a hassle...and added hassle that i don't want.

I just hope that things work out for me.

 
Old 06-28-2011, 01:48 PM   #4
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

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Originally Posted by BradinCA View Post
thanks for the reply.

the attorneys I have contacted won't take my case if I am not going to ask for backpay.
plus, it's such a hassle...and added hassle that i don't want.

I just hope that things work out for me.
I don't understand Brad. How do you not ask for backpay? Doesn't it all depend on the disability onset date they give you after approval?

 
Old 06-28-2011, 02:02 PM   #5
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

Your entitled to backpay. I am not sure why you would not want that money when it is yours ?

 
Old 06-28-2011, 02:20 PM   #6
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

well, i was told that the ALJ usually will deny people who want their backpay. idk, it just seems like a big pile of stress that I can't deal with. maybe if I learn more about this, then I will take my backpay. But, I am just ugh - almost to the point where i want to give up and move far away.

 
Old 06-28-2011, 02:29 PM   #7
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

Quote:
Originally Posted by BradinCA View Post
well, i was told that the ALJ usually will deny people who want their backpay. idk, it just seems like a big pile of stress that I can't deal with. maybe if I learn more about this, then I will take my backpay. But, I am just ugh - almost to the point where i want to give up and move far away.
I think hiring an attorney will actually take stress off of you. He/she will submit your appeal paperwork, obtain your medical records and do anything else that is necessary prior to your hearing. As far as the backpay issue, is it even possible to not ask for it?

Don't get discouraged and give up! Your best chance to win your benefits is at the hearing level.

 
Old 06-28-2011, 08:33 PM   #8
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

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I think hiring an attorney will actually take stress off of you. He/she will submit your appeal paperwork, obtain your medical records and do anything else that is necessary prior to your hearing. As far as the backpay issue, is it even possible to not ask for it?

Don't get discouraged and give up! Your best chance to win your benefits is at the hearing level.
I agree with what PME said Brad. That is why most ppl use an attorney or disability advocate. You pay them to worry about getting you approved so you don't have to worry as much. Yes, you can do it yourself and win but the chances of receiving a favorable outcome are greatly enhanced if you use an attorney.

 
Old 06-28-2011, 08:56 PM   #9
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

Quote:
Originally Posted by BradinCA View Post
well, i was told that the ALJ usually will deny people who want their backpay. idk, it just seems like a big pile of stress that I can't deal with. maybe if I learn more about this, then I will take my backpay. But, I am just ugh - almost to the point where i want to give up and move far away.
Whoever told you that gave you some bad advice IMO Brad. Like mscat said, it is money you are entitled to if you are eventually approved. It seems to me like wanting to give up your backpay and not using an attorney in hopes of increasing your chances are giving you more stress, not less.

 
Old 06-29-2011, 08:52 AM   #10
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

Brad, I agree with BlueSkies and the others. Get a disability attorney or advocate. It will greatly increase your odds of winning and will they will do all the work for you - and that should decrease your stress.

 
Old 07-14-2011, 08:29 PM   #11
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

Quote:
Originally Posted by BradinCA View Post
well, i was told that the ALJ usually will deny people who want their backpay. idk, it just seems like a big pile of stress that I can't deal with. maybe if I learn more about this, then I will take my backpay. But, I am just ugh - almost to the point where i want to give up and move far away.
IMO the chances of your losing because you don't have representation are greater than whatever you think you might gain by not asking for backpay.

Last edited by sunni123; 07-14-2011 at 08:41 PM.

 
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Old 07-15-2011, 08:51 AM   #12
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

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IMO the chances of your losing because you don't have representation are greater than whatever you think you might gain by not asking for backpay.
I think they give you back pay anyway and the alj will not approve you just because you don't want back pay he will go by SSA rules well he is suppose to anyway, he will use the grid system because of your age as being so young you better have up to date medical records if not they will send you to see there Dr's. who are on the most part on SSA side get a lawyer because of your age also it can take over two yrs to see a alj because of the influx of new claims.Even with those video hearings there not speeding the process any faster.also the reason a lawyer will not take your case with no back pay is that is how they get paid out of your back pay so don't do this on your own the SSA process will be long and tough if you don't know what you are doing.

 
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Old 07-15-2011, 09:16 AM   #13
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

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IMO the chances of your losing because you don't have representation are greater than whatever you think you might gain by not asking for backpay.
Fully agree. Let the professionals handle it and pay a little for their services. After all , you do this only once or a few times at most in a lifetime. These lawyers and reps do this on a daily basis. You are much more likely to win your claim if you use representation. This is a proven fact unless you qualify under one of those compassionate allowances.

 
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Old 07-16-2011, 09:07 AM   #14
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

I'm curious...did you live in a house before the camper? did becoming disabled make you lose your home/residence you lived in? If so, contact your congressmen/women and state representatives...this is one of the reasons they will help you get your claim through very quickly.

I would hire an attny and let them sort it all out; it's definitely taken some stress off my mind since I hired an attny last month.

 
Old 07-16-2011, 09:46 AM   #15
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Re: Denied: Now I have to file to see an ALJ. doing it without an attorney.

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I'm curious...did you live in a house before the camper? did becoming disabled make you lose your home/residence you lived in? If so, contact your congressmen/women and state representatives...this is one of the reasons they will help you get your claim through very quickly.

I would hire an attny and let them sort it all out; it's definitely taken some stress off my mind since I hired an attny last month.
Your congressman can only check into your claim but they cannot speed it up unless there is no doubt that your medical records can prove you are disabled and that your records are up to date they cannot promise you they can speed up your claim because there are allot of other people in the same boat and have asked for there help also.

 
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