Social Security Disability Facts Forum

SSDI and SSI Disability Application Process => Appeals Council and Federal Court Appeals => Topic started by: Bonzai on February 13, 2013, 08:46:15 am

Title: What to do after denied by Appeals Council
Post by: Bonzai on February 13, 2013, 08:46:15 am
I spent a lot of time researching this topic, as I fully expected to be denied by the low approval rate ALJ I had for my remanded hearing, and possibly the Appeals Council on the second time around.  I think being prepared for all eventualities is important.

So you get the dreaded news that the Social Security Appeals Council has declined to your request to review your case, or they reviewed it and affirmed the ALJ's denial.  You may give up your claim entirely, you can file a new claim starting with an effective date of one day after the ALJ's denial, and/or you can file suit in US Federal Court against the Social Security Administration.

If you decide to give up your claim entirely, then you are through with the process and SSA wins.

If you file a new claim starting with an effective date of one day after the ALJ's denial, then your accumulated dates prior to that will be lost, impacting primary insurance amount, back pay and Medicare eligibility.

If you file suit in US Federal Court against the Social Security Administration, then you are taking the last step in the entire appeals process.  If you don't have an attorney by this point, you will need to retain one who is able to represent you in Federal Court.  A brief must be filed within 60 days containing the complaint you have against the Social Security Administration.  And then you will wait again.  There are three possible outcomes for your suit: 1) The judge finds Social Security wrong, and benefits are awarded.  2) The judge finds Social Security made errors, and remands your case back to Social Security for additional processing.  3) The judge agrees with Social Security and denies benefits.

In 2011 Social Security released SSR11-1p, which states that someone cannot file a new claim for the same title and for the same type of benefit as the pending (appealed) claim.  This only applies up to the Appeals Council level, and not to the Federal Court level.  So if you and your attorney file suit in Federal Court, there is nothing to prevent you (provided that you are not past your Date of Last Insured) from also filing a new claim with Social Security.  Since a new claim is likely to be processed quicker, and if you win, then it 'may' have influence on the Federal Court judge's decision.

Best wishes in whatever you decide to do!   :Main18:
Title: Re: What to do after denied by Appeals Council
Post by: Trajector Media on February 13, 2013, 12:11:38 pm
Very informatito....(wonder what Cris is going to do with that)...It is spanish for informative I believe..Thanks for sharing :)
Title: Re: What to do after denied by Appeals Council
Post by: NorthernWolf on February 13, 2013, 12:21:51 pm
Ditto on the thank you.  That was a much easier version to read and interpret than most sites you find.  I'm still torn on what to do myself,  but this makes it easier for me to think about it.


Thanks
Mike



 :Celebrate28:
Title: Re: What to do after denied by Appeals Council
Post by: Floating on February 13, 2013, 03:03:35 pm
 :Forum13: Bonzai
Title: Re: What to do after denied by Appeals Council
Post by: Bipolarbear on February 13, 2013, 03:13:29 pm
Amazing posting Bonz, you would make a really fantastic writer, you have a wonderful way of explaining stuff without confusing the reader!!!
Title: Re: What to do after denied by Appeals Council
Post by: cynderella on February 13, 2013, 04:39:50 pm
 :Main01: Well explanation Bonzi.
Title: Re: What to do after denied by Appeals Council
Post by: Criszilla on February 13, 2013, 06:03:29 pm
Very informatito....(wonder what Cris is going to do with that)...It is spanish for informative I believe...

@Marci:  Not!  It's "informativo".  And don't forget to rrrroll the rrrrrr.  :Main06:

@Bonzai:  Muchas gracias!  :Main14:
Title: Re: What to do after denied by Appeals Council
Post by: Trajector Media on February 13, 2013, 08:58:25 pm
Nothin' slips by you.
Title: Re: What to do after denied by Appeals Council
Post by: sman1109 on February 17, 2013, 03:21:07 pm
thanks, was a little confused if the dual claim could be filed at the federal court level. now sure of it.

lawyer didn't mention that, he probably will abandon me if that happens anyway since his incentive is over.
Title: Re: What to do after denied by Appeals Council
Post by: fairfairblue on March 12, 2013, 02:28:39 pm
Thank you Bonzai, this is very informative.  My attorney notified me that we would be filing a new claim.  We will be meeting next week.  I have a question regarding the new claim.  Does it specifically have to be the date after the denial of the ALJ?
Title: Re: What to do after denied by Appeals Council
Post by: Rayandnay on March 12, 2013, 02:36:43 pm
Amazing posting Bonz, you would make a really fantastic writer, you have a wonderful way of explaining stuff without confusing the reader!!!
Bonzai is amazing
Title: Re: What to do after denied by Appeals Council
Post by: bigbabie55 on March 12, 2013, 11:31:45 pm
Amazing posting Bonz, you would make a really fantastic writer, you have a wonderful way of explaining stuff without confusing the reader!!!
Bonzai is amazing
Yep ! :Forum14:
Title: Re: What to do after denied by Appeals Council
Post by: sman1109 on April 07, 2013, 06:30:13 am
same here will be filing a new claim while this one goes to federal district court.

the bad news is work credits usually run out, so it will only be an SSI claim while my SSDI claim is pending
Title: Re: What to do after denied by Appeals Council
Post by: Bonzai on April 07, 2013, 07:04:54 am
...  I have a question regarding the new claim.  Does it specifically have to be the date after the denial of the ALJ?

The Alleged Onset Date of the new claim can be any date after the ALJ's denial, but the day after the denial is the earliest date that may be used.

There is yet one other option I forgot to mention in my original post.

You may file again asking Social Security to have your original claim 'reopened' within twelve months for any reason or four years, if you have good causeGood cause is new and material evidence pertaining to the time period of the original claim or an error was made.

See:
http://www.ssa.gov/OP_Home/cfr20/404/404-0989.htm
http://www.ssa.gov/OP_Home/hallex/I-02/I-2-9-40.html
Title: Re: What to do after denied by Appeals Council
Post by: [email protected] on April 07, 2013, 07:01:21 pm
Informative post Bonzai :Kudos06: :Forum21: :Forum22:
Title: Re: What to do after denied by Appeals Council
Post by: Djeanne on April 08, 2013, 07:40:20 am
GREAT information!!!!!

 :Think08:

Djeanne
Title: Re: What to do after denied by Appeals Council
Post by: debris on July 27, 2013, 12:54:45 am
"The Alleged Onset Date of the new claim can be any date after the ALJ's denial, but the day after the denial is the earliest date that may be used."

My denial letter states that I may use the date of my "request for for review" as the date of my new claim  if filed within 6 months.

Is this a new standard procedure?
Title: Re: What to do after denied by Appeals Council
Post by: ponygals on April 15, 2014, 04:00:47 pm
I have no idea what to do next. :/
Title: Re: What to do after denied by Appeals Council
Post by: Just Me on April 15, 2014, 04:59:37 pm
ponygals, you can either file a new claim for SSI. Or you can appeal the appeal councils decision. Although very few cases are overturned at the federal level. Do you have an attorney ? They do get more of your back pay when the case is at the federal level.
Title: Re: What to do after denied by Appeals Council
Post by: diamonds1.5 on April 16, 2014, 08:53:32 am
I hope this helps...

I hade my alj hering July 2013 denied nov 27, 2013 appeal to AC in Dec 2013.  Appeals attorney sent me a form to lock in a date of Jan 14, 2014 for a new application date incase we are denied at the AC or remanded back to ALJ and still denied.....so as it is if a denial happens we have a date locked in for a new application date.
Title: Re: What to do after denied by Appeals Council
Post by: faithful on December 01, 2014, 11:02:00 pm
I'm so confused our lawyer told us once we get denied at the AC level that we should file our case to federal & also file a new case with the same old onset date.

 If I'm understanding what you said correctly you can only file after the date the ALJ  made his decision.  Why would my lawyer tell me to use the original onset date on a new case?

  I didn't want to use the original onset date because my hubby is 54 years old now & that's better on the grids plus we have new evidence of more disability.  We have had alot of problems with our lawyer and we don't trust a word he says anymore. That's why I am here I have to research  everything.
Title: Re: What to do after denied by Appeals Council
Post by: supershan on October 22, 2016, 06:52:12 pm
...  I have a question regarding the new claim.  Does it specifically have to be the date after the denial of the ALJ?

The Alleged Onset Date of the new claim can be any date after the ALJ's denial, but the day after the denial is the earliest date that may be used.

There is yet one other option I forgot to mention in my original post.

You may file again asking Social Security to have your original claim 'reopened' within twelve months for any reason or four years, if you have good causeGood cause is new and material evidence pertaining to the time period of the original claim or an error was made.

See:
http://www.ssa.gov/OP_Home/cfr20/404/404-0989.htm
http://www.ssa.gov/OP_Home/hallex/I-02/I-2-9-40.html

Can someone explain how this would work in my case if i filed a new application  for ssi while filing for a federal court appeal??