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Old 11-10-2011, 12:21 PM   #1
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Success at Federal Court level?

I am new to this board and I am interested in hearing anyone's experience at the Federal Court level following SSDI Appeal Council denial. My Attorney has filed at this level and asking for financial help with filing fees.

I believe that I was fast-tracked through the system with denials at all levels and not enough attention paid to my medical problems. I had 3 doctors supporting my disability--PCP and 2 specialists. I first filed in August of 2009, hearing was April of 2011, denied by Appeals Council in September of 2011. Even attorney was surprised by how quickly I had hearing following Reconsideration denial. I suspect ALJ wanted to get my hearing over with and denied before I turned 55.

Last edited by skalrg; 11-10-2011 at 12:23 PM.

 
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Old 11-10-2011, 04:39 PM   #2
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Re: Success at Federal Court level?

..did u have a vocational expert at your hearing?

 
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Old 11-10-2011, 04:51 PM   #3
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Re: Success at Federal Court level?

Yes. VE said I could do sedentary work in retail or as an "office helper."

 
Old 11-10-2011, 05:00 PM   #4
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Re: Success at Federal Court level?

From research I've done..when judge ask v.e. to testify ..and they say u can work..usually the judge does deny...I'm surprised your lawyer didn't say something to counter what the VE said...

 
Old 11-10-2011, 05:09 PM   #5
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Re: Success at Federal Court level?

From research I've done..when judge ask v.e. to testify ..and they say u can work..usually the judge does deny...I'm surprised your lawyer didn't say something to counter what the VE said...

 
Old 11-10-2011, 05:27 PM   #6
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Re: Success at Federal Court level?

Hi, i just wanted to tell you how sorry I am , that you have to go through all these appeals . I have heard it can take years to get your claim up to the Federal Court level. i know a few people who have quit their initial claim , and refiled , after Refile , they are approved the first time or at the reconsideration stage. their is a new rule where you cannot start a new claim while a claim is still active, but you can if the initial claim stops.

 
Old 11-10-2011, 08:09 PM   #7
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Re: Success at Federal Court level?

I canít really report on the success of my Federal Court case, because I am still waiting for a court date. I donít know the exact percentage of cases they approve, but I know it is very low. I have been waiting for about 1 Ĺ years, and according to my attorney, it will be many more years. But, I am sure the wait time is different for each state.

Like mscat said, I started a new case after filing for a Federal Court date. I won my second case at the reconsideration level. Unfortunately, you can no longer have two cases at the same time. You have to decide between starting a new case or taking the old one to Federal Court.

Good luck with your case. From reading this board and other disability boards, it seems very few cases make it to the Federal Court level.

 
Old 11-11-2011, 05:59 AM   #8
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Re: Success at Federal Court level?

I know my chances are slim of winning my case at federal level, but unfortunately I now lack credits to re-apply. Problem I face though is I also know my chances are even slimmer at finding work with the physical limitations I have.

 
Old 11-11-2011, 10:58 AM   #9
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Re: Success at Federal Court level?

Your attorney should know about how long it takes in your state, and the percentage of approvals.

I'm sorry you lack the credits to re-apply. Are you eligible for SSI?

I understand about the physical limitations - I have them too. In today's economy, young able-bodied people can't find jobs - and yet they expect disabled people to find jobs.

 
Old 11-11-2011, 12:44 PM   #10
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Re: Success at Federal Court level?

Gayle4102, your right its slim pickins for like you said able body people so only the best get picked so that puts everyone that is unhealthy at a big disadvanage. Some may not be totaly disabled but needless to say it puts them lower on the scale. Skalrg, I'm sorry about your waiting and you running out of your credit something seems so unfair about running out of credit it should never run out you paid those hense the word credits. I would file a new claim and forget about that other one sad because you might run the risk of losing your onset of disability I think I'm not sure about that. Hope everything will work out for you with what ever you choose.

 
Old 11-11-2011, 11:54 PM   #11
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Re: Success at Federal Court level?

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Originally Posted by skalrg View Post
I know my chances are slim of winning my case at federal level, but unfortunately I now lack credits to re-apply. Problem I face though is I also know my chances are even slimmer at finding work with the physical limitations I have.
Skalrg- You can win at Federal level, I did. I had 2 appeals at Federal level, finally won on the 3rd with a favorable decision.

There are not to many cases at this level for one, people give up, two- some re-apply. Like you said you do not have enough credits to re-apply.

I was stubborn, and stuck it out, took 6 years from inital application till my favorable decision. My advice is stick with it, your lawyer knows whats best. Lawyers experienced in Disability law would not waste their time if they did not think the client will win.

What is sad I had justified disabilities that prevented me from working. Who knows why some folks get approved in an instant, and some have to really fight hard, and have a long wait. Most people have a long wait.

I had college, and a job in the printing industry for 25 years. I get 1,900 a month, I am sure they did not want to pay me anything lol

I am sorry for your long wait, but look at all the backpay you will get, it will help. I paid all my medical bills off, put some away for my son's college. and bought me a new car. Hang in there, keep us posted.

 
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Old 11-12-2011, 08:21 AM   #12
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Re: Success at Federal Court level?

I agree with stepmum54, She seems to know since she has been there and done that. You know I wonder if it is hardere for educated people to get approved because it seems that way. Man why on earth does this whole process have to be so hard. the heartache it causes people seems like its so inhumanine and should be crimmal.

 
Old 11-12-2011, 08:40 AM   #13
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Re: Success at Federal Court level?

Quote:
Originally Posted by stepmum54 View Post
Skalrg- You can win at Federal level, I did. I had 2 appeals at Federal level, finally won on the 3rd with a favorable decision.

There are not to many cases at this level for one, people give up, two- some re-apply. Like you said you do not have enough credits to re-apply.

I was stubborn, and stuck it out, took 6 years from inital application till my favorable decision. My advice is stick with it, your lawyer knows whats best. Lawyers experienced in Disability law would not waste their time if they did not think the client will win.

What is sad I had justified disabilities that prevented me from working. Who knows why some folks get approved in an instant, and some have to really fight hard, and have a long wait. Most people have a long wait.

I had college, and a job in the printing industry for 25 years. I get 1,900 a month, I am sure they did not want to pay me anything lol

I am sorry for your long wait, but look at all the backpay you will get, it will help. I paid all my medical bills off, put some away for my son's college. and bought me a new car. Hang in there, keep us posted.
Thank you for posting this! It is good to know that someone won at this level. My first case is waiting for a Federal Court date and I won my second case at the reconsideration level.

 
Old 11-12-2011, 08:46 AM   #14
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Re: Success at Federal Court level?

Quote:
Originally Posted by jgrangran View Post
I agree with stepmum54, She seems to know since she has been there and done that. You know I wonder if it is hardere for educated people to get approved because it seems that way. Man why on earth does this whole process have to be so hard. the heartache it causes people seems like its so inhumanine and should be crimmal.
It is harder for educated people to be approved. My attorney warned me that my education would be held against me, and at my hearing, the judge brought it up many times.

They seem to think an educated person has a better chance at finding an easy job ... but if you can't work, you can't work.

 
Old 11-12-2011, 09:00 AM   #15
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Re: Success at Federal Court level?

And it is getting harder for anyone that has any kind of health issues to get a job it is so competative only the cream of the crop get the job. They can say what they wont but it is the truth. I'm glad I got to get the job when I did and they didn't look at my physcial apperance I think today for me would be a different story if I had to look for a Job. I hope everyone that has posted and for those that are truley disabled get the releif they so deserve it is so mean to have to go thru this and deal with the health issue we all have to deal with minute to minute. Can't seem to spell LOL

 
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