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Can the alj reopen a ssdi claim I let close and give back pay for it?
I hade a case I opened on march 6th but when the papers came that said I was turned down I was in the hospitol for a global fusion on my l5 so I did not see the papers till it was to late can my alj reopen that case and give
me back pay from that date? Any sugestion would be helpfull Thanks walkerslbje |
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March 6th of what year?? What do you mean "open a case"? You either filed a claim or you didn't file a claim. You either answered all the questions, signed your name (or did an electronic "attestation" which is equivalent to a signature) or you didn't. If all you did was inquire or make an appointment and didn't follow through, you don't have a claim that can be reopened. No claim, no reopening. If you got a written denial with appeal rights, you had 60 days to file a formal appeal. If your denial was for failure to cooperate, and you didn't appeal and now, one year, two years later you want to cooperate, you are too late. If you did file a claim and were denied because you were found not disabled, there can be reopening of old claims because of new and material evidence, but reopening is discretionary. Your prior denied claim may or may not be reopened. But if all you did was drop the ball and didn't follow through, it is doubtful there is anything to reopen. Did you file a claim or not? Did you get a formal notice of denial with appeal rights or not? |
wow glad u didnt answer my question..
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I would think you could contact the person that sent you the letter of denial and give them proof of your hospital stay, and all the days you were unable to tend to your mail... Check in to the time frame for appeals. If the letter that you didn't see in time was the denial letter , then that doesn't change anything. You would still be denied. but if it gave a time frame for an appeal or the case would be closed - and you missed that also, then I would contact then and tell them what happened & why you missed the deadline.. and see what they say... You might need to consult with an atty in that field, just to make sure you have your bases covered. |
Sorry
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Yes it's possile
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Anyone who gets denied at an AL J level should file a second calim if it can improve upon the first claim particularly if there is new evidence. A lot of times the second claim gets accepted while the first claim is still in the appeals cycle. I will send a post of an article I wrote for my website about filing a second claim. Good luck and let us know what happens. |
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Jo Mar has given you the best advise yet. Ask your lawyer if it can still be addressed. Did you ever discuss this with your lawyer when you hired them? I would think that that is something that would have had to come out at the hearing with the alj that approved your second claim. If it was an on the record decision and you had no hearing then only a lawyer can help you get that answer.
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March 6th, 2010?
March 2006? https://secure.ssa.gov/apps10/poms.n...2!OpenDocument For SSDI claims, there is a 4 year limit on reopening and there has to be new and material evidence that the previous decision was incorrect by review of evidence dated on or before the date the decision was made. The fact that you are worse off now than you may have been on March 6th or March 2006 doesn't change the fact that the denial may have been correct on that date. Can't tell much from your posts. It's all speculation. Best answer is "maybe". *edit* |
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the member clearly says he was turned down in march of 06 that is generally understood as March 2006 the aim here is to try to help the member. |
Chemar,
I believe Janke is questioning it because in the second post OP said March of 06, because OP's original post says "I hade a case I opened on march 6th" OP doesn't state when the hospitalization was, when the denial was, and when the deteriorazation of the condition was. OP, if you clarify the timeline for us, we might be able to give you a more direct answer. More info about the change in your condition between the dates is also very important. It sounds like, if you just got your approval and the original claim was from March 2006, it might be too late (over the 4 years). It might make a difference when you reapplied. I don't know if it does ot not, I just remember Janke's reference to the magic 4 year cut off.....I don't know if that's 4 years from March 2006 to the date you reapplied or 4 years to the date you were 'approved as of.' |
First post did say March 6th. Later post did say March of 06. Didn't want to give bad information because of misundertanding of which date he meant.
He also said he just won his case and has paper from the judge so it seems the onset date and decision to reopen should be included in the written decision. |
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the aim is to help people here, and so if one doesnt understand what they are asking, or needs clarity on what they have said, it doesnt take much effort to ask for clarification in a pleasant and helpful way :)
most people who come on here are already stressed and ill, and we do not want to add to that, but rather to offer them advice and comfort. the response to this member seemed more like an interrogation and that can be intimidating people giving help here is much appreciated, but we do ask that the tone is in keeping with our mission here as *support groups* thanks |
It does seem that I am creating discord on this board. Not my intent. I just have always thought that correct information was more helpful than speculation and empathy and it's hard to give valid and correct information to some posters because so many facts are missing or unclear.
I will work on writing friendlier posts or just staying in the background and saying nothing or very little when the poster confuses me. |
I'm part of the Janke fanclub, if that's any consolation :)
You are one of the most knowledgable posters here regarding SSDI and we need correct information |
Janke, when I first starting reading this forum, your posts really distressed me -- I was very fragile -- and they seemed very blunt -- almost to the point of attacking, sometimes. I really thought that you felt we were all "losers" who were trying to figure out ways to commit fraud agains the SS system. But, your posts for the past several months have seemed to be compassionate -- not "touchy-feely", "hand holding", "give somebody a hanky" -- but, giving people the information they need so that they can regain a semblance of "normalcy".
I suspect that you either work for OR have worked for the SS administration and have heard AND answered most of these questions a MILLION times. Like a mother or a teacher, repeating the answer ONE more time sometimes gets on one's nerves (I was a teacher for 28 years :D) -- but, it helped me to remember that although I was repeating the answer for the 57th time THAT day, little Susie was hearing it for the FIRST. Janke, you are a SAINT for taking the TIME to give us ALL the info -- and, now, I'm another member of your fanclub!:) |
I agree. Janke has always given straight forward answers with the information necessary to back them up. Her knowledge is an asset to this forum.
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Thanks. Geez, a fan club?
People need both good information and hand holding. I'll continue to work on the good information side of the SSA forums and hold hands at the forums where I dump my problems. Pleading the fifth about where I have worked. |
got my letter from alj
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thanks for your help |
Congrads...........sounds like the AJL says your back pay will go back to February 2006, which will also mean that your Mediacre will start right away.
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Got my letter from alj
Well I got my letter from the alj and. In it he says that he reopened my case from feb o7 and after reviewing my case he was setting my onset date as of feb 2006 because that was the last month I hade worked and I was put on state disabilty on that date and he also said it was clear to him I was unable to work from that point he also said because I opened my second case on OCT of 07 and that it was less then a year from my denile letter for my first case that he could reopen my first case so I am getting backpay from feb 06 not sure if that includes the 5 months waiting time or not but I don't care It will be alot of back pay no matter what I want to thank all of u agin for all your advice and kind words and if anyone has a question on what my alj letter said please ask or if u don't think it sounds right i'm just going off of what he wrote down still not sure how it will all end up but I will hope for the best thanks
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I hope that you start getting your checks soon
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Getting my first check in June
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Well I got my award letter and it says I will get my first check on June 9 th for around 1800 witch is awsome and that does not have the 850 or so I will get for my kids also it had my backpay listed and that does not have the backpay for my kids so I will be in good shape once they get it all done and pay me I never thought I would see the end of this it has been like a bad dream I could not wake up from but now that I know the end is almost here it is a huge weight of my shoulders I guess all those years of hard work will pay off after all I just hope all of you have some good luck on your cases I hate to see anyone go thru this mess I will let you know how long it takes for them to get me my backpay I hope it is soon I owe my family some of the money I'm getting and want to pay them back asap then I can take a breath and try to relax after all of this is done I wish all of you the best of luck on your claims and thank all who have been there to help me God bless all of u Walkerslbje |
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