I've never heard of that happening--delaying to determine results of a surgery. (I meant having the hearing and then delaying the decision.) You have the burden of proof. You could ask your attorney to request a later court date. (Hope this makes sense.)

It's truly unfortunate that they no longer allow you to start a new application while pursuing an appeal.

Have you determined when he'll lose eligibility if you want to start a new application?

One last thing, it's been argued both ways that you may or may not be able to appeal if you request a PFD. I did receive a PFD, and then later received a FFD with my second application.

If you start a second application, the first is added to the record, but it would allow you more time. (Which is frustrating to need, I know, because you've been waiting forever.)