RayandNay
 

http://www.ssas.com/problems-and-opp...-applications/

Print this page and keep it. If you are denied at your ALJ hearing, you might want to see if a new attorney or a local advocacy group would be willing to try and pursue your first application in Federal Court.

It is more important for you be approved, so don't put effort into pursuing this now, but it could help later on.

Physchiatrist
 

She filled out mental impairment questionnaire, very supportive of my claim, as a matter of fact, knocks it out of park, will they respect her views, but come to think of it, if there's just going to be a VE there, maybe that's already been agreed on. As far as federal court, don't I still have to go through appeals council first if I'm denied? Thanks again

The link would be to pursue your original claim in Federal Court that you let lapse. Since you seem unwilling to let it go, I've provided the info for you to do something about it.

If you are denied at your ALJ hearing, you could file an appeal for it as well.

Both could be pursued at the same time. (Or if there are no grounds to Appeal the latest ALJ hearing, you'd still have the Federal Court claim to pursue.)

The additional back pay might be a way to attract a good attorney.

Do not assume anything because there was a ME at your last hearing, and one has not been scheduled this time. It's not a requirement and some ALJ's don't schedule them as often as other ALJ's.

"She filled out mental impairment questionnaire, very supportive of my claim, as a matter of fact, knocks it out of park, will they respect her views, but come to think of it, if there's just going to be a VE there, maybe that's already been agreed on."

What does this mean?

Did she explain how your mental impairment effects your ability to work? Has she provided a diagnosis to explain why your iq has decreased and perhaps more importantly, when that occurred? Does she address how your impairment effects your activities of daily living? Do you need help maintaining your finances? Do you drive? Do your own shopping? Do you have help caring for your home? Do you live alone? Etc.

If you are correct and not only is the hearing not De Novo, but if she doesn't voluntarily give you the opportunity to readdress your physical impairments, than the Grid Rules will not apply. I know you want the hearing to be as short as possible--or even waived entirely--but that could be very bad news for your case if you get your wish.

Puzzled
 

What do mean, since you seem unwilling to let it go, and pursue original claim?

Whenever you post either here or on other websites, you always state that you've been pursuing your SSDI claim since you were 50, that it's been 9 years, and you usually fail to mention that you started a second application after not following through on the first one--which is a very different scenario.

It will be significantly more difficult to prove you've been disabled since you first applied 9 years ago, than proving you've been disabled since your latest Alleged Onset Date (which is even later than the Alleged Onset Date listed when you filed your second application.)

It will make things easier at your hearing if you concentrate on the period beginning with your current Alleged Onset Date. Why waste time proving you should have qualified 9 years ago, when you're not currently eligible for benefits from 9 years ago? BTW, you really should know why your attorney chose your current Alleged Onset Date. In all likelihood, you started seeing a new doctor or have better documentation starting with that date.

Your attorney chose a later Alleged Onset Date to make your approval easier. If you don't understand the strategy behind that new date, it leaves you completely dependent on B&B, and they have not proven themselves to you thus far, from what you've expressed.

If you are denied at your ALJ hearing, and if you still wish to pursue your original claim from 2006, than I've provided info that might allow you to do so.

9 years
 

My reference to 2006 is purely to let people know I've been in this fight for almost 9 years, I did fill out the paper work for federal court alone, but I was overwhelmed, so it was dismissed without predjudice. My focus is on 2009, even 2010 if it could end this nightmare. Do you think a new attorney would take me after this ALJ denial, and would I be starting from scratch?

If you do have a severe mental impairment, that by definition makes it difficult, if not impossible, for you to successfully navigate SS's rules and regulations on your own behalf. You have needed BOTH an advocate and a better attorney for many years. So, I can understand you being overwhelmed with the process and allowing it to lapse, but the delays that caused was not Social Security's fault. You frequently imply that your case has been grossly mishandled by SS because of the 9 years it's taken to process your claim, which is disingenuous IMO.

It seems bizarre to me that your attorney has never suggested you have a neuropsych evaluation. By starting the process over with a second application, they had an incentive to delay the process while you once again accumulated potential back pay.

An attorney/s would need to evaluate your case. I have no idea what your last appeal from your first application even covered, and why the AC denied you. You choose to ignore many of the questions I, and others ask, which is fine, but it makes it impossible to answer you with even an uneducated guess.

Take a look at your current Alleged Onset Date. Did you turn 55 within six months of that date? You can pm me both dates if you want me to figure it out for you.

I'm not sure what you mean about starting from scratch? If you could find an attorney willing to represent you, they would attempt to file a Federal Court case on your behalf.