Quote:
Originally Posted by marlon66
I HAVE A CONCERN MY CASE WAS SENT BACK TO THE ALJ IN JULY 2014. MY DLI WILL END DEC 2014, IM SO AFRAID THAT IF THE ALJ DOES NOT HEAR MY CASE BEFORE THat DATE THAT I MAY NOT HAVE ANOTHER OPPORTUNITY TO PRESENT MY CASE. DOES ANYONE KNOW WHAT HAPPENS IF THAT SITUATION HAPPENS IN MY CASE? WHAT CAN I DO TO GET MY CASE SPEED UP. I HAVE AN ATTORNEY HE SHOULD KNOW WHAT MY OPTIONS ARE>
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The decision about whether or not you are disabled does not have to be made before your date last insured. The decision could be made in 11/14, 3/15 or 8/17. What has to be established is that your DATE OF ONSET, the date you became disabled, has to be established based on medical evidence that existed before your date last insured. So the medical evidence has to prove that your condition was severe before 12/31/14.
However, if the ALJ doesn't make the written decision before your date last insured, and the decision is unfavorable, and you file a new claim instead of following up the appeal ladder, then you would be out of luck on a new claim since the period before the ALJ decision would not be reopened or looked at again. So, at that point, the only thing you could do would be to return to work and earn enough over enough months to extend your DLI. But if you haven't worked in 5 years, it would take another 5 years to become insured again.
And there is very little your attorney can do to speed up the process.