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Should I File A New Case???

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Old 08-03-2008, 09:39 AM   #1
Join Date: Nov 2005
Location: Lake Wylie, South Carolina
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robink1954 HB User
Should I File A New Case???

Hi All,

My case is now at the appeals council for the second time. The first time I got a new hearing and lost. I blame that on my lawyer not presenting my case at all, not prepared.

My question is, should I file a new case?
I know they say you can, but you also start all over again with back pay. I guess I'm to the point that I don't care so much about that. I'm more concerned about winning my benefits. I will soon be 55.

Any imput????

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Old 08-03-2008, 06:04 PM   #2
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Kissa HB UserKissa HB UserKissa HB UserKissa HB UserKissa HB User
Re: Should I File A New Case???

You usually have 90 days to appeal your case, if you are still within that guideline then appeal it, your attorney should of told you this.

If 90 days has passed you may have to refile again but be prepared for a much longer wait in decisions.
No matter how great your illness or pain, there's always someone else who may be worse off.

Old 08-03-2008, 06:31 PM   #3
Join Date: Aug 2007
Posts: 94
daph10 HB User
Re: Should I File A New Case???

My first case is still at the appeals council. Not expected to hear anything for 1-2 yrs. My lawyer I never met and he was terrible at my alj hearing.
So I filed a new application in Feb 2008, I just got an Award letter July 28th. I would advise a new one, what does it hurt to. I still have my appeal in progress. Good Luck to you

Old 08-05-2008, 10:00 AM   #4
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maebelle HB User
Re: Should I File A New Case???

By all means put in a new application!My 1st application is now waiting on a federal court decision.It has been a long 4
yrs since I 1st applied.As that case is still pending I am at the reconsideration phase of my 2nd application.

I had a "not so hot lawyer" as well.I meet several listings of ssa disability criteria.My denials all said although I have impairments they are not severe enough to prevent me from doing work....such as a hostess,a gate attendant or sitting doing conveyor work.I think they have lost their minds!
I am now 47 and decided I will just keep applying until they wake up and award me the benefits I deserve.MB

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