Quote:
Originally Posted by mj1958
Please!! Need advice!! Has anyone here won a second claim in the initial stage while waiting for the Appeals Council to decide what to do with the first ALJ denial? I was awarded SSDI a couple of weeks ago after 2 1/2 years and I am worried to death that the AC may vacate my win and remand it back to the ALJ instead of just upholding my second award and awarding me the first claim. The thought of going before that ALJ again is unbearable to me. It was one of the worst experiences of my life and I don't want to have to repeat it!! I am trying to decide if I should just withdraw my appeal on the first claim. There is alot of backpay at stake, but I don't think it's worth the risk of loosing what I have now. I was so stressed out through the waiting and now that I have it I just don't want to have to worry anymore!! Anyone have anything to say that might help me make a decision>? Thanks in advance!!
|
Hello my name is shawna. Sounds like I am in the same boat as you are or were. I applied for my disability in 2007 got turned down, went before a judge, got turned down by him and filed before the appeals council. As I was still waiting to hear an answer from the appeal council, I submitted a new application in December of 2010. Today I got the approval letter from this new app. However, they found my disability start date to be May of 2010. So.....what about my back pay? I mean is it up to the appeals council to decide whether I get it or not? And really, what are the chances of them going against the 5/2010 date that SSDI decided upon know what I mean? Your concern was that the appeals council could go against the SSDI decision of you getting it. I doubt they could do that since their job is to deal with the past determination that the judge decided upon. I hope they cannot do anything like that. Now I am worried =-(. Please let me know how this turned out for you or any advice you may have. Thank you very much. I can't wait to hear from you. God bless.