Thread: First claim at Appeals Council and won second claim at initial stage
View Single Post
Old 03-23-2011, 04:26 PM
legalmania legalmania is offline
n/a
  
Join Date: Feb 2010
Location: The nicest and cleanest city in Georgia
Posts: 440
10 yr Member
legalmania legalmania is offline
n/a
 
Join Date: Feb 2010
Location: The nicest and cleanest city in Georgia
Posts: 440
10 yr Member
Default
Quote:
Originally Posted by mj1958 View Post
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!!
You need to write the Appeals Council with this new evidence. They can either remand it back to the ALJ or just approve it right then and there, but you don't have to go in front of that same judge you can ask for a new one. You need to do this pretty quickly because the appeals council only gives you a certain amount of time to submit new information. Don't reapply because they will use that as your date your disability started, and you'll still have to fight for your back pay.
legalmania is offline   Reply With QuoteReply With Quote