I've never heard of that happening--delaying to determine results of a surgery. (I meant having the hearing and then delaying the decision.) You have the burden of proof. You could ask your attorney to request a later court date. (Hope this makes sense.)

It's truly unfortunate that they no longer allow you to start a new application while pursuing an appeal.

Have you determined when he'll lose eligibility if you want to start a new application?

One last thing, it's been argued both ways that you may or may not be able to appeal if you request a PFD. I did receive a PFD, and then later received a FFD with my second application.

If you start a second application, the first is added to the record, but it would allow you more time. (Which is frustrating to need, I know, because you've been waiting forever.)

How do you determine lose of eligibility if we want to start a new application?

http://neurotalk.psychcentral.com/thread181880.html

Refer to post #10 by Janke in the linked thread.

He should have an Earnings Record mailed every year, but it can be requested online or through the national 800#.

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Husband worked the past 24yrs at same employer up until summer of 2011 when he had his spinal fusion with rods, screws. He was off for 6mos for recovery, went back to work for a week when he was told by employer we have no job you can do, we are putting you on long term disability, etc.

He has not worked since summer of 2011- after spinal fusin, this past summer he had a total knee replacement with recovery tiime thru this fall. Sooo, I am assuming he should be ok with credits, etc right? Oh and he has worked non stop since he was 16....

So he probably earned enough money in 2011 to get 4 credits (quarters of coverage) so I am estimating his date last insured is 5 years later or 12/31/2016. Either the DDS or an ALJ would have to find that he was disabled on or before that date. So date last insured does not seem to be an issue for him. Plenty of credits. It can be an issue for people who start and stop work, who stay out of the work force for reasons other than their condition, people who only work seasonally.

Oh thank you for explaining. He has plenty of credits..he has never not worked, always had a job and with the last one being the longest period.