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Old 10-20-2011, 02:41 PM
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
15 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
15 yr Member
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Quote:
Originally Posted by alt1268 View Post
I spoke to an atty. who deals with RSD and he told me to go ahead and file and when they denied me they would do the appeal. I filled in april, signed my papers with the atty. in June/July. (not sure) found out I was approved in Aug. So they didn't do anything.
The reason for this is because they're paid from you're backpay.

If someone applies a year and a half after they were no longer able to work, then they'll have a year of backpay coming to them.

Someone like the OP, refusing the things she needs to adapt, even though her doc suggested it, tends to be at a disadvantage IMO. Many exaggerate the severity of their disability, while others have not yet comes to terms with it--or even apply with the idea that remission is just around the corner. (I was the latter.) If you think your disability is a temp situation it's very easy to sabotage your application.

Since SS closed the loophole in July, so that applicants can no longer appeal their first decision and start a second application, doing a thorough application the first time is more important than ever! Before, you could protect your backpay while coming to terms with the reality of your situation, and then start a second application. Now many will lose their SSDI altogether if they choose to pursue their backpay, and they didn't file quickly, it takes a few years to get to the ALJ level, etc. Many don't win till before an ALJ. At the Appeals Council level you can't introduce new evidence, your attorney (or the pro se applicant) can only address legal errors by the ALJ.

It is possible to get approved early in the process, but a very savvy and complete application is required. This new rule is a major game changer for applicants. If it was worth the gamble of not using an attorney before, I think too much can be risked by failing to get the best representation available to you. In some cases using an advocate, either non-profit or for-profit, will get you more attention and quality representation.

Sorry for my ramblings... I've been surprised that there has been no commotion over the loophole closure. Many of us used it to get our approvals, and hang on to backpay. Those days are OVER.
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