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Author Topic: What to do after denied by Appeals Council  (Read 12486 times)

Djeanne

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Re: What to do after denied by Appeals Council
« Reply #15 on: April 08, 2013, 07:40:20 am »
GREAT information!!!!!

 :Think08:

Djeanne
Djeanne

debris

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Re: What to do after denied by Appeals Council
« Reply #16 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?

ponygals

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Re: What to do after denied by Appeals Council
« Reply #17 on: April 15, 2014, 04:00:47 pm »
I have no idea what to do next. :/

Just Me

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Re: What to do after denied by Appeals Council
« Reply #18 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.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

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diamonds1.5

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Re: What to do after denied by Appeals Council
« Reply #19 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.

faithful

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Re: What to do after denied by Appeals Council
« Reply #20 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.
JUST TRYING TO GET ALL OF HUBBY'S DUCKS IN A ROW

supershan

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Re: What to do after denied by Appeals Council
« Reply #21 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??