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Old 09-27-2011, 05:36 AM   #1
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wow lawyer said dont start a new case

I started 9 /09 went to ALJ hearing was denied 6/11 I suffering from ptsd depression anxiety . The judge gave limited weight to all evidence good for my case even the doctors they sent me to . Mental doc said its hard for me to adjust and get along with co workers or pay attention and so on. And other doctor said limit 4 hours maximum standing and sitting . Now I'm homeless no job staying with relatives . My lawyer said I shouldn't start a new claim because now I'm finally got a head doctor and n got dynoss with symptom and on meds . But they don't work. I can't take this long wait .

 
Old 09-27-2011, 06:12 AM   #2
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Re: wow lawyer said dont start a new case

Quote:
Originally Posted by redfredr76 View Post
I started 9 /09 went to ALJ hearing was denied 6/11 I suffering from ptsd depression anxiety . The judge gave limited weight to all evidence good for my case even the doctors they sent me to . Mental doc said its hard for me to adjust and get along with co workers or pay attention and so on. And other doctor said limit 4 hours maximum standing and sitting . Now I'm homeless no job staying with relatives . My lawyer said I shouldn't start a new claim because now I'm finally got a head doctor and n got dynoss with symptom and on meds . But they don't work. I can't take this long wait .
You said>>>>
Quote:
I'm finally got a head doctor and n got dynoss with symptom and on meds .
Question? When you initially applied, you were not seeing a mental health specialist like a psychologist of psychiatrist? Did they base your denial mostly on medical history and medical records? Since your lawyer advised you not to start a new claim, does he suggest you just appeal the ALJ's decision? I would personally consider starting a new claim while still pursuing the current claim like Gayle here is doing.

 
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Old 09-27-2011, 06:46 AM   #3
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Re: wow lawyer said dont start a new case

I was seeing a psychologist . He sayed if I win new case and old case is denied I would have to pay ssi back. I ve been seeing therapist for two years it took awhile to see psychiatrist .

 
Old 09-27-2011, 08:18 AM   #4
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Re: wow lawyer said dont start a new case

What do you mean you have to pay SSI back if you won the new case but old is denied. Explain? If you won the new, you could decide not to pursue the old anymore. Most ppl do so for backpay/medicare eligibility reasons. Are you applying for SSI or SSDI?

 
Old 09-27-2011, 08:26 AM   #5
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Re: wow lawyer said dont start a new case

I applied for ssdi I'm eligible to2013. The lawyer said if win on new claim that I would try to close old claim they might not grant me to withdraw my old application .

 
Old 09-27-2011, 09:25 AM   #6
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Re: wow lawyer said dont start a new case

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Originally Posted by redfredr76 View Post
I applied for ssdi I'm eligible to2013. The lawyer said if win on new claim that I would try to close old claim they might not grant me to withdraw my old application .
I am not completely sure what your attorney was talking about, so I will just tell you what I did: After the judge denied me at my hearing, I started a new claim. I won the second claim at the reconsideration level, while my first claim is still going through the appeals process.

As of today, I am getting monthly SSDI payments, while my first claim is waiting for a Federal Court date.

 
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Old 09-27-2011, 03:10 PM   #7
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Re: wow lawyer said dont start a new case

Quote:
Originally Posted by redfredr76 View Post
I started 9 /09 went to ALJ hearing was denied 6/11 I suffering from ptsd depression anxiety . The judge gave limited weight to all evidence good for my case even the doctors they sent me to . Mental doc said its hard for me to adjust and get along with co workers or pay attention and so on. And other doctor said limit 4 hours maximum standing and sitting . Now I'm homeless no job staying with relatives . My lawyer said I shouldn't start a new claim because now I'm finally got a head doctor and n got dynoss with symptom and on meds . But they don't work. I can't take this long wait .
I am sorry all this is happening to you . I know some people have started a new claim after being denied at the ALJ level , while pursuing an appeal . It might be worth looking into .

 
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Old 09-29-2011, 10:37 AM   #8
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Re: wow lawyer said dont start a new case

Ssa said u can no longer start a new claim while u appeal because it clogs up the system .

 
Old 09-29-2011, 11:27 AM   #9
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Re: wow lawyer said dont start a new case

Did they just start implementing this? Interesting..

Last edited by BlueSkies14; 09-29-2011 at 11:29 AM.

 
Old 09-29-2011, 04:00 PM   #10
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Re: wow lawyer said dont start a new case

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Originally Posted by redfredr76 View Post
Ssa said u can no longer start a new claim while u appeal because it clogs up the system .
Can you stop the claim and then start over on a new one? Or does social security make you wait for a certain amount of time?

 
Old 09-29-2011, 04:54 PM   #11
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Re: wow lawyer said dont start a new case

If I understood my lawyer right he was saying I would be able to do that but I would have the same judge .

 
Old 09-29-2011, 05:34 PM   #12
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Re: wow lawyer said dont start a new case

Hi, Im new here but have been reading through the messages and my wife's Lawyer told her the same page and gave her a printed sheet with what I believe is what you all are discussing, it's from the ssa website.
http://www.ssa.gov/OP_Home/rulings/di/01/SSR2011-01-di-01.html
Under the policy interpretation part.
I hope this helps. Good luck to all.

 
Old 09-29-2011, 05:56 PM   #13
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Re: wow lawyer said dont start a new case

Quote:
Originally Posted by marknwv View Post
Hi, Im new here but have been reading through the messages and my wife's Lawyer told her the same page and gave her a printed sheet with what I believe is what you all are discussing, it's from the ssa website.
http://www.ssa.gov/OP_Home/rulings/di/01/SSR2011-01-di-01.html
Under the policy interpretation part.
I hope this helps. Good luck to all.
Hi Mark, and welcome to the boards.

Yes, that is what we are discussing ... sigh. The scary part for me, is that I did this just last year - and was approved! I understand they are overwhelmed, but it keeps getting harder and harder for the people who really need disability.

 
Old 09-29-2011, 07:36 PM   #14
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Re: wow lawyer said dont start a new case

Yes my lawyer said because conflicts with the two cases causes over pay because if they denied the case that pending u would have a over payment

 
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