Quote:
Originally Posted by legalmania
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.
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Because the first attorney refused to take it there, the second attorney(current one)advised just filing an entirely new claim, which I did in 07, resulting in yet another ALJ denial.
Further, once you've been denied by an ALJ you're unlikely to get another ALJ from the same office to overturn him on even an entirely new claim, this for obvious reasons.
My current attorney of record has not offered an opinion one way or another, he's ducking my messages, I contacted two other SSDI attorneys and they both said you must first appeal to SSA in Falls Church and be turned down before moving on to federal court.
There are very, very few attorneys that will actually sue the SSA on your behalf, very few!