Quote:
Originally Posted by Christian
My first claim was turned down at AC, this latest was an entirely new claim, once again denied by an ALJ. The attorneys I've talked with since the unfavorable(not mine as he won't return my phone or email mesages)have assured me you may not proceed directly to federal court without first being subjected to the slow rigor mortis that is the AC!
People have won at AC, but not many, somewhere between 1-2% are even reviewed, of those perhaps 70% are remanded directly back to the creep who sent them there in the first place, and he/she usually denies the claim yet again on some new triviality.
Six years of denials could easily turn into 8-9 years of denials before even being afforded the opportunity to sue the SSA in a real court of law. In my case, it could end up being the better part of a decade of involvement with the process before recieving an ultimate decision from the federal district court of appeals or even the SCOTUS itself.
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Wait I'm confused, you went to the appeals council, claim denied, and back to an ALJ and denied? If you were at the appeals council stage then why didn't your attorney go to the Federal Court? I think at this stage you have nothing to lose. Like you said that's actually where they use statutes and case law and not policy. IMO your attorney is wrong about proceeding to the Federal Courts, I have done it and read it somewhere but can't find it right now. I will keep looking though. Maybe your attorney is afraid to go to the Federal level because it's expensive and time consuming and if you lose he is stuck with all the expensive. It's just my opinion but you only have 60 days and need to make a decision.