I am new here and I have a few questions. I am hoping some of you can help. I applied 4 years ago for ssi ssdi and had my alj as unfavorable, now I guess this is the decision board or appeals council.
My lawyer said I should reapply. If I do this will I loose all my back pay if approved at the decision board? Its so very very hard to talk to my lawyer. I think I talked to them 2 times inthe last 3 years. I am thinking about firing him, can I do this as well? Please any thoughts are welcome. Thx, Arlene
Even if you fire your current attorney and hire a new one and continue down the same path with appeals rather than starting over, the old attorney might still be owed money for work previously done on your case if you are ever approved and awarded backpay. After being denied at the hearing level, the odds of getting approved at the AC and FDC are not very good and the wait times on decisions are really long. I would personally start over if it was me and pursue a new claim with the hope of getting approved at one of the earlier levels, altho I know you would be giving up an enormous amount of potential backpay but if you can't get approval at level 4 or 5, you have no backpay anyway and you may then be unable to file a new claim because you are past your DLI. Good luck to you in whatever you decide to do.
Last edited by BlueSkies14; 03-30-2012 at 06:16 PM.
The Following User Says Thank You to BlueSkies14 For This Useful Post: adevroy (03-30-2012)
Well, I just found out that my case was sent back to the ALJ from the appeals decision. Is that a good sign? Just praying that its a good thing. What are the odds of having the same judge?
If you are unable to speak directly to your atty, then speak to the paralegal. He/She knows just about as much as the atty. They are the ones who do all the paperwork. Your atty does the strategy. writes the brief to the ALJ, if you will.
Your case going back to the ALJ, IMPO is a good thing. Means whether it was reviewed either by your legal actions or by the court itself, has cause the case to be looked at again.
When I got my letter of *approval* that letter even said that if I should disagree I could appeal, AND that cases whether approved or denied are pulled for review and could result being sent back thru the ALJ, either to the SAME judge or by a different judge.
So, if I were in your shoes, I would speak to my paralegal if I couldn't get to the atty and find out why its being sent back to ALJ (what was the reasoning) and who initiated it, your atty or the SSD review board.
And at this point, I would definitely be talking with my US Senators office. They can over see what happens, making sure all the "I" are dotted and "T's" are crossed, and what you are being told by your atty, ie what your atty says the SSA has is what they/ALJ-SSA really does have in your file. Your US Senator has a person in place at the ALJ office who can pull and see what the ALJ actually has in your file. The sooner you call the better, coz you must sign a release (by law) for your US senate office, to be your eyes/ears on your SSDI claim.
Last edited by Jacki345; 03-30-2012 at 02:06 PM.
The Following User Says Thank You to Jacki345 For This Useful Post: adevroy (03-30-2012)