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Old 05-02-2010, 12:46 PM
Janke Janke is offline
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Join Date: Sep 2008
Posts: 686
15 yr Member
Janke Janke is offline
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Join Date: Sep 2008
Posts: 686
15 yr Member
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Quote:
Originally Posted by walkerslbje View Post
I hade a case I opened on march 6th but when the papers came that said I was turned down I was in the hospitol for a global fusion on my l5 so I did not see the papers till it was to late can my alj reopen that case and give
me back pay from that date? Any sugestion would be helpfull

Thanks walkerslbje

March 6th of what year??

What do you mean "open a case"?

You either filed a claim or you didn't file a claim. You either answered all the questions, signed your name (or did an electronic "attestation" which is equivalent to a signature) or you didn't. If all you did was inquire or make an appointment and didn't follow through, you don't have a claim that can be reopened. No claim, no reopening.

If you got a written denial with appeal rights, you had 60 days to file a formal appeal.

If your denial was for failure to cooperate, and you didn't appeal and now, one year, two years later you want to cooperate, you are too late.

If you did file a claim and were denied because you were found not disabled, there can be reopening of old claims because of new and material evidence, but reopening is discretionary. Your prior denied claim may or may not be reopened.

But if all you did was drop the ball and didn't follow through, it is doubtful there is anything to reopen.

Did you file a claim or not? Did you get a formal notice of denial with appeal rights or not?

Last edited by Jomar; 05-03-2010 at 12:03 AM. Reason: spacing & bold main points
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