[walkerslbje]

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

[Janke]

Originally Posted by walkerslbje

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

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?

[wdwgranny]

wow glad u didnt answer my question..

Originally Posted by Janke

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?

[Jomar]

Originally Posted by walkerslbje

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

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.

[walkerslbje]

Originally Posted by wdwgranny

wow glad u didnt answer my question..

I did file for ssdi and was turned down in march of 06 then after all of the hosipitol stuff was done I opened a new case what I was asking was I read somewhere that the alj can reopen a closed case if he belives u were disabled during that time frame I just won my case I have now paper from the judge will be here any day and I was told by my arty that I could had not picked a better judge so what I was asking was has anyone else ever get an alj to open a old claim and give u back pay for it ? Thanks walkerslbje

[SSDIHelp]

Originally Posted by walkerslbje

I did file for ssdi and was turned down in march of 06 then after all of the hosipitol stuff was done I opened a new case what I was asking was I read somewhere that the alj can reopen a closed case if he belives u were disabled during that time frame I just won my case I have now paper from the judge will be here any day and I was told by my arty that I could had not picked a better judge so what I was asking was has anyone else ever get an alj to open a old claim and give u back pay for it ? Thanks walkerslbje

Anythime you file a second claim after having the first denied by an ALJ they frequently go back to the first claim and give you back benefits from the date of your first claim.
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.

[LIT LOVE]

Originally Posted by SSDIHelp

Anythime you file a second claim after having the first denied by an ALJ they frequently go back to the first claim and give you back benefits from the date of your first claim.
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.

Do you know what the law states about this, though? I started a second application after my local office lost the paperwork for my appeal. Since it was there error, I was able to prove I filed in a timely manner, but I was told by a supervisor that a new application legally resets the clock.

[echoes long ago]

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.

[LIT LOVE]

Originally Posted by walkerslbje

I did file for ssdi and was turned down in march of 06 then after all of the hosipitol stuff was done I opened a new case what I was asking was I read somewhere that the alj can reopen a closed case if he belives u were disabled during that time frame I just won my case I have now paper from the judge will be here any day and I was told by my arty that I could had not picked a better judge so what I was asking was has anyone else ever get an alj to open a old claim and give u back pay for it ? Thanks walkerslbje

Wait for the award letter. It'll tell you the period the judge has found you to be disabled. The judge maybe did go back to your first application. You can call your local office if you're desperate to find out, but don't call the 800#.

[Janke]

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*