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9 lv spinal fus · 10-05-2011, 02:02 PM

If the chances of winning a claim at the appeal council level are very slim, why not file a new claim??? I know I would lose a lot of backpay, but time is the concern for me. Why wait another six months to a year only to be denied again??? Can someone who is/or at this level tell me their strategy....and keep in mind you can no longer file a new claim and appeal at the council level.

redfredr76 · 10-05-2011, 05:37 PM

Well when people filed new claims and won and they had the option to fight or drop old claim they would . So if u got approved on new claims but denied on old claim u would have to pay them back. So a person wins new claim they would b satisfied and drop or lose old claim but they would receive credit . New case would go back to time ALJ denied ur case .

9 lv spinal fus · 10-05-2011, 07:11 PM

You totally confused me. You can NO LONGER FILE A NEW CLAIM AND PROCEED TO APPEAL COUNCIL LEVEL...ITS ONE OR THE OTHER....CAN SOMEONE WHO HAS THE SAME DELIMA PLEASE CONFER WITH ME...

redfredr76 · 10-05-2011, 07:18 PM

Quote:

Originally Posted by 9 lv spinal fus

You totally confused me. You can NO LONGER FILE A NEW CLAIM AND PROCEED TO APPEAL COUNCIL LEVEL...ITS ONE OR THE OTHER....CAN SOMEONE WHO HAS THE SAME DELIMA PLEASE CONFER WITH ME...

Ok the reason denial rate was so hi before for appeals was that people dropped their old cases that why I think the odds where so low.

mscat40 · 10-06-2011, 02:29 PM

Is it still ok to drop your claim at the appeal council?
Drop the first claim?
Then refile?
Keep in mind that refiling will still take at least six months. I would be concerned about losing backpay benefits after starting a new claim. Social Security may move the date of onset. I had got denied and just quit , Several years later I refiled and Social Security cut my backpay a year. I would talk to my Lawyer about this.

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