Quote:
Originally Posted by legalmania
It sounds like your case was turned down for review by the Appeals Council, so you have to now file in the Federal Court. You can directly file because I have, I went from reconsideration to the Federal Court. That was a survivors case and that is a little easier than disability. Your just waiving your administrative rights. The Federal Court will look at your entire case and may send it back to the ALJ. I don't think you should give up. I've heard people win who have less disabilities than you. The Federal level is a civil lawsuit and doesn't have the policies of an administrative agency. You would use statutes and case law.
http://www.socialsecurity.gov/appeal...ml#time_limits |
My first claim was turned down at AC, this latest was an entirely new claim, once again denied by an ALJ. The attorneys I've talked with since the unfavorable(not mine as he won't return my phone or email mesages)have assured me you may not proceed directly to federal court without first being subjected to the slow rigor mortis that is the AC!
People have won at AC, but not many, somewhere between 1-2% are even reviewed, of those perhaps 70% are remanded directly back to the creep who sent them there in the first place, and he/she usually denies the claim yet again on some new triviality.
Six years of denials could easily turn into 8-9 years of denials before even being afforded the opportunity to sue the SSA in a real court of law. In my case, it could end up being the better part of a decade of involvement with the process before recieving an ultimate decision from the federal district court of appeals or even the SCOTUS itself.
04-16-2010, 06:01 PM
Similar Threads
Threaded Mode