NeuroTalk Support Groups

NeuroTalk Support Groups (https://www.neurotalk.org/)
-   Social Security Disability (https://www.neurotalk.org/social-security-disability/)
-   -   Protected filing date (https://www.neurotalk.org/social-security-disability/182696-protected-filing-date.html)

Rayandnay 01-20-2013 07:41 PM

Protected filing date
 
Do you lose that date if you are denied at your first alj hearing?

Janke 01-20-2013 07:52 PM

Quote:

Originally Posted by Rayandnay (Post 949314)
Do you lose that date if you are denied at your first alj hearing?

If you don't keep your claim alive by filing an appeal, that application denial by the ALJ is final and you no longer have a protective filing date.

Rayandnay 01-20-2013 08:37 PM

Protected filing date
 
Quote:

Originally Posted by Janke (Post 949321)
If you don't keep your claim alive by filing an appeal, that application denial by the ALJ is final and you no longer have a protective filing date.

I filed with the court on my own, payed the fee, but let it go because I didn't know what I was doing.

LIT LOVE 01-20-2013 10:23 PM

How much did you miss the deadline by?

Rayandnay 01-21-2013 10:12 AM

Protected date
 
Quote:

Originally Posted by LIT LOVE (Post 949341)
How much did you miss the deadline by?

I didn't miss the deadline.

LIT LOVE 01-21-2013 11:56 AM

Well from your other posts I thought you had an active application. Did you start a 2nd application? If so, when? If you never received any notification from the court, you may be waiting for a court date, but this would only be true if you did so before the change in law that doesn't allow a 2nd application. Did you notify your attorney about the first application? Even if they're not handling it, the 2 files are merged so it's crucial that his/she is aware. Your current application could hold hold up the court of the first. If your Federal case is still active, and you win the second, an ALJ or Appeals Council, can decide to award benefits going back to the first application (or not) to close both.

I'm making many guesses here as to what your situation might be. It's much easier to explain the original post since these matters are complicated... ;)

Rayandnay 01-21-2013 05:57 PM

Protected date
 
Quote:

Originally Posted by LIT LOVE (Post 949468)
Well from your other posts I thought you had an active application. Did you start a 2nd application? If so, when? If you never received any notification from the court, you may be waiting for a court date, but this would only be true if you did so before the change in law that doesn't allow a 2nd application. Did you notify your attorney about the first application? Even if they're not handling it, the 2 files are merged so it's crucial that his/she is aware. Your current application could hold hold up the court of the first. If your Federal case is still active, and you win the second, an ALJ or Appeals Council, can decide to award benefits going back to the first application (or not) to close both.

I'm making many guesses here as to what your situation might be. It's much easier to explain the original post since these matters are complicated... ;)

here's my situation, binder and binder informed me in 2007, they could not help me after my appeals council denial, but urged me to file in federal court to protect my application date of 4-1-06. Like I said earlier, I did that, paid the court fee, but I realized I was out of my league, let it go after receiving response from social security. Filed new application on 3-29-08, went through normal denials, got remand from appeals councils 10-1-12, and here I sit awaiting new alj hearing. Thanks for your imput.

LIT LOVE 01-21-2013 08:23 PM

"Let it go after receiving response from SS" is still confusing though. Did you receive notification about Federal case that required a response from you or not? "Let it go" as in you didn't do something you were supposed to, or it's been in limbo and you've heard nothing?

Janke 01-21-2013 09:09 PM

Quote:

Originally Posted by Rayandnay (Post 949603)
here's my situation, binder and binder informed me in 2007, they could not help me after my appeals council denial, but urged me to file in federal court to protect my application date of 4-1-06. Like I said earlier, I did that, paid the court fee, but I realized I was out of my league, let it go after receiving response from social security. Filed new application on 3-29-08, went through normal denials, got remand from appeals councils 10-1-12, and here I sit awaiting new alj hearing. Thanks for your imput.

I would say that your 4/1/06 application date is dead in the water. It has already been decided at the highest level that you appealed to.

Rayandnay 01-21-2013 10:02 PM

Date
 
Quote:

Originally Posted by Janke (Post 949657)
I would say that your 4/1/06 application date is dead in the water. It has already been decided at the highest level that you appealed to.

I would agree

Rayandnay 01-21-2013 10:04 PM

Date
 
Quote:

Originally Posted by LIT LOVE (Post 949641)
"Let it go after receiving response from SS" is still confusing though. Did you receive notification about Federal case that required a response from you or not? "Let it go" as in you didn't do something you were supposed to, or it's been in limbo and you've heard nothing?

Yes, I received notification, just didn't know how to respond, let it go at that point.

LIT LOVE 01-21-2013 11:28 PM

Well, you said you didn't miss a deadline. If you still have paperwork check it or call your local office.


All times are GMT -5. The time now is 10:54 AM.

Powered by vBulletin • Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.

vBulletin Optimisation provided by vB Optimise (Lite) - vBulletin Mods & Addons Copyright © 2025 DragonByte Technologies Ltd.