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.

Wow!
 

YUP! You have a certain number of days to do so.
Unknown

Research your question over on the disability website: http://www.ssa.gov/disability/


GOOD LUCK & HANG IN THERE! :hug:

Since the policy change in July, I don't believe you can go to Federal Court and start a new application--you must choose one or the other. Ask your attorney if he will even be willing to represent you in Federal Court... here's the link to the change http://www.ssa.gov/OP_Home/rulings/d...-01-di-01.html

I know you don't want to hear this, but SSD is supposed to be meant for those who have no option to work. Regardless if you end up homeless--your disability will not allow you to work at the SGA level. Even if your doc has written out work restrictions that makes it impossible for you to work at a job you've done in the past, SS will still determine if you're capable of doing other work--that's why an RFC is so important. If you don't document you can't do something, SS will assume you can.

I've described it as seeming like a nasty game of chicken. People do end up on the streets, or move in with extended family, etc.

Having your doctors support is required to get approval, but in no way do they make the final determination. Most docs are clueless about the process. Read through the "Before You Start Your Application Sticky." My posts 43, 45, 46 have links in them I think you might find helpful.

this link relates to an administrative review through the Appeals Council. There is no mention in this link of Federal Court which of course would be a judicial review. i dont know the answer as to wether you can still file a new application while you take your case to federal court.

I realize that--that's why I gave the link and didn't give a definitive no--I discussed this topic at length with someone at another board a couple of months ago, and I thought it applied to Federal Court as well.

Many attorneys have no interest in dealing with a Federal Court case--but they can request additional fees, so the 1st thing she needs to find out is if her attorney will represent her.

My lawyer is saying 100% to go forward with Federal. He still strongly believes that there was legal error. LitLove, I understand what you are saying about SSA being for people who can't work but there are people who are capable of working a minimal amount yet that does not mean they are capable of consistent, full time work, thus SSA provides a figure which they consider SGA. Many people on SSDI, I believe probably could work a day here or there but it is the consistency of full time employment that is impossible for them. I do have the RFC form from my neurologist that supports my claim and I believe I meet one of their listings. I guess it's one of those things that has variables and it certainly isn't either black or white because each case has difference circumstances, evidence, etc...

I probably would be better off to just start over but at this point I'm finding it difficult to just walk away when I believe in my case. They make their stupid laws for a reasons and they should have to follow them just as much as you and I are expected to. See what I mean? So at this point I am faced with the decision of either pushing forward and going Federal, knowing there is a very good chance that I will be shutdown yet again, or wiping the slate clean and starting a new application. Either way, I find it all exhausting and draining

i believe that there are only 60 days to file in federal court once you are turned down by the appeals council.


you may well be able to file in federal court at the same time as filing a new claim because at that time you have gone through the entire process with the social security administration and they have made their final decision. At that point you are going outside of that system and filing a case in federal court.

either way i wouldnt wait too long to file with federal court because of the 60 day limit, and also to file a new case with social security if possible because as you know for ssdi you dont remain eligible basically past 5 years since you last worked.

Those that work PT consistently even below the SGA level, find that SS will at times terminate their benefits even after collecting for many years.

I know what SS "rules" state, and I've invested a great amount of energy into trying to provide information and links to resources for those that are in the worst circumstances. I don't think it's a particularly humane way of testing people if they're disabled by allowing those without resources, to go homeless. But it is reality.

Many people are borderline qualifying cases. Yes, some qualify. Some take a protracted battle to qualify. Some don't ever qualify.

Your original posts stated you didn't care about the backpay, you just wanted to secure your benefits for the future since you found you can't continue to work even PT. If your healthy has decreased so that you're no longer capable of working at or near the SGA level, then your case appears less borderline.

If you want to pursue your rights in Federal Court, and your attorney is willing, then that's your choice. I just encourage you to examine what your motivation for doing so is and what the possible reward is.

For me, it was much easier to deal with the process after I parted ways with my attorney and began researching my own legal questions. I found I was no longer confused or upset. I was able to provide the legal and medical answers needed, instead of focusing on things that I thought were important.

Thanks for the responses, and thanks LitLove for all of the helpful information and support over the past few months :wink: I absolutely see what you are saying and I feel very torn about my attorney. I have since found out for sure that I can file with Federal Court and start a new application at the same time so I am going forward with both. I just get confused when I listen to my attorney and then get the opinion of other people who are not lawyers but have themselves been through this grueling process. I guess the more I educate myself and learn about the system, the better armed I'll be to make wise decisions. Thanks again :)

part-time work and ssdi benefits
 

puppy,as i mentioned in a previous post about this subject a few month's ago.most lawyers will tell their clients who are trying to win ssdi benefits not to work at all not even for 1 hour.you must keep in mind social security's definition of disibility which states according to their website that your disabling condition must be severe enough to keep you from working any job and to last atleast 1 year or to result in your death.this is a very strict definition of disibility according to social security.So,when a judge see's that you are working while trying to win ssdi benefits your basically finished at that point.its happening more and more to people i know who are trying to win ssdi benefits.if they see even the slightest hint that you can do some sort of work than they will not grant benifits and you proved that to the ALJ by working part-time.