My attorney has been attempting to appeal my denial from my ALJ hearing. I was told the CD of the hearing is unreadable and several other copies have been sent out & are still not readable. I was told I'll just have to go to Federal court then instead of appealing. I don't think that is right, if the CD can't be read I should be granted another hearing I would think. What does anyone else think or know about anything like this? I've heard it all now as a reason to never give me my claim.

Good question for your attorney.

There is a reason why I asked the question on here. My attorney is dropping my case now because he says the CD in unreadable. I was told by him I would have to go now to federal court and no attorney will touch my case. Another question I have besides why can't I get another hearing granted since the CD is supposed to be unreadable is am I allowed to represent myself in Federal Court if it comes to that after this? I wouldn't be afraid now after four years of fighting to represent myself; I honestly feel at this point I could & do a much better job. If you know the answers to my questions please let me know, or anyone else if you know please tell me. I can't ask my attorney, I know longer have one.

Be careful with Thread Titles in the future. I almost didn't bother reading.

How much time before the appeal needs to be filed?

You need to hire another attorney ASAP or write the appeal yourself.

I received a Partially Favorable Decision (so, my attorney collecting a max fee) for a closed period several years ago. I received backpay, but not ongoing monthly benefits.

My attorney's office kept brushing me off and then with 5 days days left before the appeal was due, notified me that he would not be willing to represent me in the appeal.

I filed the appeal myself by addressing the reasons listed in the Judge's decision. I didn't have time to request the CD from the hearing. My appeal was physically lost by my local office, and I later won a Fully Favorable decision going back to the original injury date at an ALJ hearing where my second application and the misplaced appeal were addressed.

If you do it yourself, walk it in to your local office, and get a copy stamped with the date they accepted receipt.

Dear Zevan,
It is possible to file a second application. Enclosed in the text of this reply is an article I wrote about filing a second application. I stringly recommend that you do both.
The last data I know about staes that the average appeal is a year.
Beating the Appeals Cycle - Earn Benefits While You Wait
Each year approximately 1.3 million people received letters from Social Security denying their claim for disability benefits that included the following or similar statement; “We realize that this condition keeps you from doing any of your past work, but it does not prevent you from doing other jobs which are less demanding. Your overall condition does not meet the basic definition of disability as defined by Social Security.”

If your claim has been denied and you’re stuck in the appeals cycle, there’s hope. You can file a winning second claim and receive benefits as early as three to four months.

The steps to filing a second claim are:

Have a denial date from the second appeals level on the first claim signed by an Administrative Law Judge (ALJ)

Contact he Appeals Council, the third level of appeals, to confirm your waiting period is longer than six months http://www.socialsecurity.gov/appeals/ho_locator.html

Confirm you are still eligible for benefits

Make changes, improvements to your first claim

Consider the pros and cons of submitting a second claim



Step 1: Have a denial date from the second appeals level on the first claim
signed by an Administrative Law Judge (ALJ)

After you’ve been denied at the second level of appeals by an administrative law judge, a new claim can be filed. The second claim is processed and may be approved while your first claim waits to be heard at the Appeals Council (AC). The waiting period at the AC level is between two months and two years. While the first claim is waiting to be heard at the AC, you could be receiving monthly disability checks.

Step 2: Contact he Appeals Council, the third level of appeals, to confirm your
waiting period is longer than six months

You need to know if you have the time to file a new application. If your case will be heard in six months or less then it isn’t worth filing second claim. To find out when your case is scheduled just call the local Social Security office and ask for the Appeals Council phone number. Call the AC office and ask when your case will be heard. If your court date before the AC is between six months and two years or more then filing a second claim is a viable option.

Step 3: Confirm you are still eligible for benefits

When you file a second claim, by law the second claim must have a new starting date (onset date, Section 2, question E of the application). The new date is the day after the ALJ’s decision. In order for your second claim to be valid with a new starting date, it’s essential that you’re still eligible and that your “disability insurance” is still in effect.

To find if you’re still eligible, contact your local Social Security Office and ask them for the “last date insured”. If the last date insured is after the new starting date, the day after the ALJ’s decision, you can file a second claim.

Step 4: Make changes, improvements to your first claim

In order for the second claim to succeed, there must be changes or improvements to the first application or there is no reason to file a second claim. Improvements such as additional medical or non-medical evidence, thorough and detailed responses to questions, supplemental forms or questionnaires can make the difference between success and failure. The second application must unequivocally establish your disability. If you didn’t include medical evidence with your first claim, now is the time to do it. More than likely your doctors have ordered additional tests or studies since you filed your first claim. This is considered new medical evidence that could be added to a second claim.

Many claimants answer the application’s questions with short and simple responses that are unfortunately insufficient to prove the limitations of a disability. The majority of denials are because the claimant did not establish that they are incapable of working at the most basic of jobs. It’s mandatory to convince Social Security that your disability is severe enough to significantly limit basic physical or mental work activities.

Step 5: Consider the pros and cons of submitting a second claim

Finally, there are risks in filing a second claim that need to be considered and weighed against the benefits of doing so. If the second claim is approved, you’ll receive monthly cash benefits while the first claim waits to be heard at the Appeals Council. The AC can make a number of decisions: they can approve both claims, deny both claims or send the claims back to the ALJ. If the Appeals Council sends the first claim back to the ALJ for consideration, the instructions include a statement that vacates the second claim. Both the first and second claim are sent to the ALJ for a determination. If the ALJ ultimately denies both claims then the claimant runs the risk of having to pay back the benefits that were paid when the second claim was approved.

On the positive side, the Appeals Council is influenced by the new evidence in the second claim and frequently upholds the approved determination of the second claim. If the Appeals Council approves the first claim, you’ll receive back benefits from the onset date of the first claim. In addition, with an earlier effective date, based on the first claim’s approval, you’ll receive Medicare sooner if not immediately.

It’s a balanced choice that only you can make. If you are confident that the second claim proves your disability and inability to do the simplest jobs, then the risk is minimized and you have everything to gain by filing a second claim.
Copyright 2009 © All Rights Reserved. www.SSDI-Help.com.

Respectfully,
Trudi

It's past the last insured date. This is my only chance.

While you may no longer be able to file a new SSDI claim, you can file an SSI claim. In CA where I live, the state matches the SSI amount, so the monthly amount between collecting SSDI or SSI would not have been much.

I have too many assets to qualify for SSI. SSDI is it for me, and I don't get another chance from what I've heard to file another claim at this point.

So your date last insured is in the past. You are right that appealing it up the ladder is the only way to keep your SSDI claim alive.

Another option you may not have considered would be to work a little for the next five years, earning $5000-$6000 a year so you get additional 20 credits so you have a new date last insured. That would involve working about 12 hours a week at $10 per hour to make about $500 a month. Not substantial gainful activity. File another claim in 2016. See your doctor regularly. Keep your own copies of medical records.

Obviously, I don't know your mental or physical limitations, so I can't tell you what kind of work you could do.

I'm elderly, I'd rather not say my age. Trust me I'm old, I'm disabled & I can't imagine where I could find a part time job. Thanks for the suggestion though, you didn't know how old I was or how disabled I was so I know you are trying to help.