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Author Topic: Won initial claim after filing in Federal court  (Read 10533 times)

ogj23

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Won initial claim after filing in Federal court
« on: March 07, 2022, 08:22:58 am »
I won my initial claim while waiting on a federal court decision on my prior ALJ denial. I won a remand from federal court and my initial claim is protected from the remand. The ALJ was instructed to cover certain things that were not clear in his/her decision for the dates covering the remand. I was just wondering if anyone has heard anything like this before and what were some of the out comes. I hope I wrote this to where everyone can understand. I would like to hear all suggestions. Thanks

Helper

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Re: Won initial claim after filing in Federal court
« Reply #1 on: March 07, 2022, 09:00:46 am »
Ultimately, there are only 2 outcomes.

Your Federal case continues to be denied until you can no longer appeal it but you continue to receive benefits on the the new claim.

Your Federal case is approved and SSA pays the backpay you are due.  Since you are already receiving benefits now, you will not receive benefits twice for any months you were already paid - but you may receive a small amount for the months you previously received payments- if the new onset date results in a higher benefit amount.
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ogj23

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Re: Won initial claim after filing in Federal court
« Reply #2 on: March 07, 2022, 10:21:53 am »
Thanks for the reply. Do you think it helps my case since they used some of the paperwork that the ALJ denied me with. Thanks

Disabledvet100%

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Re: Won initial claim after filing in Federal court
« Reply #3 on: March 10, 2022, 09:21:23 am »
I just had my second claim ALJ hearing (fully favorable) while my first case war remanded a month ago.  I am hoping that that combine my remand case and pay me from my initial filing.   
Initial 09/9 Recon 3/20
ALJ 06/20 AC 10/20
Filed federal 10/20
New app 10/20 Recon 10/21
ALJ approved 3/22 then vacated
Fed and ALJ combined: Won via OTR 7/22