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Old 01-18-2012, 06:48 AM
puppy66 puppy66 is offline
Junior Member
 
Join Date: Oct 2011
Posts: 24
10 yr Member
puppy66 puppy66 is offline
Junior Member
 
Join Date: Oct 2011
Posts: 24
10 yr Member
Default Federal Court; starting new application

Okay, I'm not sure who will remember me. But I got denied by the ALJ in October due to working part-time and an UWA not being accounted for. Lawyer said he thought I had an 80% chance for a remand hearing by the AC.... well, I guess my lawyer was wrong because I got a letter from the AC today stating "We have denied your request for review".... Everything my lawyer has told me and confirmed repeatedly appears to have been wrong. I didn't even call my lawyer yet because I feel like I'm in a bad dream. He just assured me last week that the judge did make a legal error; since I met all the criteria for an UWA and it was not even considered or mentioned thus making it look like I made more money than I did. I'm curious if my lawyer will recommend going to federal court. CAN I APPEAL TO FEDERAL COURT AND FILE A NEW APPLICATION? Or is it like with the Appeal Council, one or the other. The kicker is... I honestly believe I have a very strong case, I think I meet one of their listings and I have a neurosurgeon backing me up, along with the doctor the judge had present at my hearing.. I do believe I lost all due to my part-time work, which was not easy but fed my kids while I was waiting for every step in this process. It appears that it was all about me making some money and my medical records and evidence were not even looked at. I am so frustrated and my head is spinning. I honestly can't even think straight to know what to do. I will go to Federal court if I can start a new application in the meantime but I know you can't do both with the AC so I wonder if it's the same with Federal Court. How can I provide the best possible application to try to get approved at the initial level this time?? Any comments, help, anything would be so appreciated. Feeling very discouraged, angry, and pretty much having a pity party. Such is life, but so, so unfair.
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