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Old 09-29-2011, 10:37 AM   #1
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You can no longer file for appeal council and file a new claim.

What should I do, file a new claim or continue to the appeal council level??? Im thinking that would be a waste of time to do that...considering their gonna probably deny me again. I think I should start over with new evidence and new lawyer...has any1 out there done this before or had this dilemma?

 
Old 09-29-2011, 10:46 AM   #2
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Re: You can no longer file for appeal council and file a new claim.

I was thinking the same thing I have new evidence also that would make a new case even stronger . I already file appeal to appeal council never no how long it would take . I appeal in July I was wondering what should I do .

 
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Old 09-29-2011, 11:39 AM   #3
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Re: You can no longer file for appeal council and file a new claim.

Quote:
Originally Posted by 9 lv spinal fus View Post
What should I do, file a new claim or continue to the appeal council level??? Im thinking that would be a waste of time to do that...considering their gonna probably deny me again. I think I should start over with new evidence and new lawyer...has any1 out there done this before or had this dilemma?
Personally if this is what SSA is doing now, if I was denied at level 3, I would personally drop the initial claim and start a new one if I could no longer do both at the same time anymore.

 
Old 09-29-2011, 03:24 PM   #4
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Re: You can no longer file for appeal council and file a new claim.

Take a look at this.

http://www.ssa.gov/OP_Home/rulings/di/01/SSR2011-01-di-01.html


This seems to be correct. You can't file a new claim now while appealing the initial claim. People here like Gayle are not affected because she started her new claim before SS implemented this policy change.

 
Old 09-29-2011, 03:54 PM   #5
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Re: You can no longer file for appeal council and file a new claim.

Quote:
Originally Posted by BlueSkies14 View Post
Personally if this is what SSA is doing now, if I was denied at level 3, I would personally drop the initial claim and start a new one if I could no longer do both at the same time anymore.
If you can still drop the initial claim and refile , that is what I would do too . S.S. is making it very tough on people to win after getting denied at the judge's level.

 
Old 09-29-2011, 04:18 PM   #6
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Re: You can no longer file for appeal council and file a new claim.

Oh wow! Thanks for the link, Blue.

Looks like I just made it. I was approved on my second claim, just 10 months before this new rule went into effect.

My first claim was filed May 2008, and it will be many more years before it gets a Federal Court date. If that new rule had been in effect back then, I think I would drop my first case, and just start over. If it had taken that long for me to get approved, I would probably be living under a bridge right now.

It just keeps getting harder and harder.

 
Old 09-29-2011, 09:40 PM   #7
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Re: You can no longer file for appeal council and file a new claim.

Quote:
Originally Posted by gayle4102 View Post
Oh wow! Thanks for the link, Blue.

Looks like I just made it. I was approved on my second claim, just 10 months before this new rule went into effect.

My first claim was filed May 2008, and it will be many more years before it gets a Federal Court date. If that new rule had been in effect back then, I think I would drop my first case, and just start over. If it had taken that long for me to get approved, I would probably be living under a bridge right now.

It just keeps getting harder and harder.
Yeah, I know Gayle. Just like Van04 use to talk about. I feel really sorry for future SSDI applicants. They are going to make approval nearly impossible. Look how bad it is now. They really should stop taking the money out of people's paychecks if they are going to make it nearly impossible to get the claim approved if you do become disabled and can not continue working. Rick Perry calls SS a ponzi scheme. I am not so sure he is wrong.

 
Old 09-30-2011, 03:59 AM   #8
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Re: You can no longer file for appeal council and file a new claim.

Quote:
Originally Posted by BlueSkies14 View Post
Yeah, I know Gayle. Just like Van04 use to talk about. I feel really sorry for future SSDI applicants. They are going to make approval nearly impossible. Look how bad it is now. They really should stop taking the money out of people's paychecks if they are going to make it nearly impossible to get the claim approved if you do become disabled and can not continue working. Rick Perry calls SS a ponzi scheme. I am not so sure he is wrong.
And no one believed me

 
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Rarebitrabbit (09-30-2011)
Old 09-30-2011, 07:36 AM   #9
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Re: You can no longer file for appeal council and file a new claim.

Quote:
Originally Posted by 9 lv spinal fus View Post
What should I do, file a new claim or continue to the appeal council level??? Im thinking that would be a waste of time to do that...considering their gonna probably deny me again. I think I should start over with new evidence and new lawyer...has any1 out there done this before or had this dilemma?
I am now on SSI after a 3 year fight that included an appeals council review. so yes I have been there. some helpful hints ......a new claim will take you back to square one and all the past fight will have been for nothing basically.in January of 2011 I received an unfavorable decision from The ALJ even though he had brand new evidence presented to him from a December hospitalization prior to his written decision.I spent about 10 days thinking about my options and decided based on the new evidence to ask for a review from the appeals council.so I filed the necessary paperwork and included the new evidence with my request. it is absolutely imperative to file within 60 days of the ALJ written decision arriving at your door step. so you dont have a lot of time.I then contacted my United States Senator for intervention to speed things up since it can take 14 to 30 months at the appeals council .if your condition is time sensitive or life threatening you will need to do this. Barbara Boxer is my United States Senator and she made what is known as a Senate inquiry on my behalf in March 2011 by May of 2011 the appeals council reviewed my case and vacated the unfavorable decision .they then remanded my case back to the ALJ for a new hearing based on the new evidence. My hearing was August 23rd,2011. I went and hired an attorney in May 2011 as soon as I received notice of the remand.at My hearing in August My attorney won a Fully favorable Bench decision from the same ALJ that had denied me in January 2011.I had my meeting with Social Security yesterday to set up my payment through a debit card issued by the U.S. treasury. they wont be issuing paper checks anymore.by mid -Otober I will have my first retroactive payment. but keep in mind that you have to meet the deadline for your request if you file it after the 60 days has expired they will simply ignore your request for review at the appeals council and send you a denial for exceeding the time limit. Your U.S. Senator can really speed things up for you if you choose to go to the appeals council. a new claim has the downside that you will likely get a rubber stamp denial again and all the time you invested in your prior claim will not mean a thing as there wont be retroactive benefits from the prior claim. only the time wait on the new claim will be counted. personally I spent 3 years fighting to get approved and finally got a fully favorable decision. all of the time spent on this claim counts for retroactive benefits for me. I will keep you in my thoughts and prayers regardless of what you decide to do. Good Luck

 
Old 09-30-2011, 08:53 AM   #10
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Re: You can no longer file for appeal council and file a new claim.

I am so glad you were approved Rarebitrabbit. This goes just to show you how screwed up, frustrating, and stressful this whole process is. This is why many ppl just give up and I can understand why but if I felt I had a legit disability and I was denied, I would continue to appeal and fight for what should be rightfully yours. The government wants to take money from you (FICA payroll taxes) and promise you that this is partly for disability insurance just in case you ever become too sick to work anymore, you have this partial income protection insurance called SSDI. The irony is if you ever have to file a claim, the government then makes it so difficult that many ppl just give up in their pursuit. They take your money by making you a promise (SSDI) but then deny you when you have a legitimate disability claim. This is called stealing. Shame, shame on the US govt.

 
Old 09-30-2011, 09:22 AM   #11
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Re: You can no longer file for appeal council and file a new claim.

Quote:
Originally Posted by BlueSkies14 View Post
I am so glad you were approved Rarebitrabbit. This goes just to show you how screwed up, frustrating, and stressful this whole process is. This is why many ppl just give up and I can understand why but if I felt I had a legit disability and I was denied, I would continue to appeal and fight for what should be rightfully yours. The government wants to take money from you (FICA payroll taxes) and promise you that this is partly for disability insurance just in case you ever become too sick to work anymore, you have this partial income protection insurance called SSDI. The irony is if you ever have to file a claim, the government then makes it so difficult that many ppl just give up in their pursuit. They take your money by making you a promise (SSDI) but then deny you when you have a legitimate disability claim. This is called stealing. Shame, shame on the US govt.
yep ,but actually they make the process difficult to weed out those that suffer from "Lazyitis" rather than a real disability. they are hoping those who dont have a real disability and are simply lazy will give up and go to work. the down side of that thinking is that those of us who are truly ill end up fighting for years and spend most of the fight time in abject poverty..my case manager at Social Security is a really cool person and the first thing she said to me at our meeting was "its about time they finally approved you" you should have been approved 3 years ago! she then sat down and informed me that my payments will be 100 dollars higher than most people get on SSI in California. she told me to be sure and tell food stamps as soon as I receive the award letter so that they can adjust the foodstamps and not over pay my husband and I. he will still be eligible for maximum foodstamps but mine will go down.

 
Old 09-30-2011, 12:52 PM   #12
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Re: You can no longer file for appeal council and file a new claim.

Quote:
Originally Posted by Rarebitrabbit View Post
yep ,but actually they make the process difficult to weed out those that suffer from "Lazyitis" rather than a real disability. they are hoping those who dont have a real disability and are simply lazy will give up and go to work. the down side of that thinking is that those of us who are truly ill end up fighting for years and spend most of the fight time in abject poverty..my case manager at Social Security is a really cool person and the first thing she said to me at our meeting was "its about time they finally approved you" you should have been approved 3 years ago! she then sat down and informed me that my payments will be 100 dollars higher than most people get on SSI in California. she told me to be sure and tell food stamps as soon as I receive the award letter so that they can adjust the foodstamps and not over pay my husband and I. he will still be eligible for maximum foodstamps but mine will go down.
Yeah you are right. They are trying to stop the scammers but in doing so, they hurt legit, urgent claimants in the process. I do think more people with legit claims are hurt than the number of scammers they catch. They are making the process harder tho for anyone....legit or not.

 
Old 09-30-2011, 01:14 PM   #13
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Re: You can no longer file for appeal council and file a new claim.

Quote:
Originally Posted by BlueSkies14 View Post
Yeah you are right. They are trying to stop the scammers but in doing so, they hurt legit, urgent claimants in the process. I do think more people with legit claims are hurt than the number of scammers they catch. They are making the process harder tho for anyone....legit or not.
I agree blue allot of people are trying to get ssi not ssdi because they can't find a job or they are being kicked off state welfare like in Michigan, the only way to stay on Michigan's welfare after 4 years is to be disabled so all of those people getting kicked of are trying for ssi they don't have enough work credits for ssdi. I read that oct.1st some 10,000 families will loose there cash benefit. I can see a slew of people heading to there ssa office and filing for ssi.

 
Old 09-30-2011, 02:47 PM   #14
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Re: You can no longer file for appeal council and file a new claim.

I agree 100%. The whole system is absolutely overwhelmed ... and it is only going to get worse.

 
Old 09-30-2011, 03:10 PM   #15
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Re: You can no longer file for appeal council and file a new claim.

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Originally Posted by gayle4102 View Post
I agree 100%. The whole system is absolutely overwhelmed ... and it is only going to get worse.
There are now MORE ads on TV for "disability lawyers",than for selling your Gold jewelry

That says it all!!!

 
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