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Old 01-20-2013, 07:41 PM #1
Rayandnay Rayandnay is offline
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Smile Protected filing date

Do you lose that date if you are denied at your first alj hearing?
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Old 01-20-2013, 07:52 PM #2
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Originally Posted by Rayandnay View Post
Do you lose that date if you are denied at your first alj hearing?
If you don't keep your claim alive by filing an appeal, that application denial by the ALJ is final and you no longer have a protective filing date.
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Old 01-20-2013, 08:37 PM #3
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If you don't keep your claim alive by filing an appeal, that application denial by the ALJ is final and you no longer have a protective filing date.
I filed with the court on my own, payed the fee, but let it go because I didn't know what I was doing.
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Old 01-20-2013, 10:23 PM #4
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How much did you miss the deadline by?
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Old 01-21-2013, 10:12 AM #5
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How much did you miss the deadline by?
I didn't miss the deadline.
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Old 01-21-2013, 11:56 AM #6
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Well from your other posts I thought you had an active application. Did you start a 2nd application? If so, when? If you never received any notification from the court, you may be waiting for a court date, but this would only be true if you did so before the change in law that doesn't allow a 2nd application. Did you notify your attorney about the first application? Even if they're not handling it, the 2 files are merged so it's crucial that his/she is aware. Your current application could hold hold up the court of the first. If your Federal case is still active, and you win the second, an ALJ or Appeals Council, can decide to award benefits going back to the first application (or not) to close both.

I'm making many guesses here as to what your situation might be. It's much easier to explain the original post since these matters are complicated...
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Old 01-21-2013, 05:57 PM #7
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Originally Posted by LIT LOVE View Post
Well from your other posts I thought you had an active application. Did you start a 2nd application? If so, when? If you never received any notification from the court, you may be waiting for a court date, but this would only be true if you did so before the change in law that doesn't allow a 2nd application. Did you notify your attorney about the first application? Even if they're not handling it, the 2 files are merged so it's crucial that his/she is aware. Your current application could hold hold up the court of the first. If your Federal case is still active, and you win the second, an ALJ or Appeals Council, can decide to award benefits going back to the first application (or not) to close both.

I'm making many guesses here as to what your situation might be. It's much easier to explain the original post since these matters are complicated...
here's my situation, binder and binder informed me in 2007, they could not help me after my appeals council denial, but urged me to file in federal court to protect my application date of 4-1-06. Like I said earlier, I did that, paid the court fee, but I realized I was out of my league, let it go after receiving response from social security. Filed new application on 3-29-08, went through normal denials, got remand from appeals councils 10-1-12, and here I sit awaiting new alj hearing. Thanks for your imput.
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Old 01-21-2013, 08:23 PM #8
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"Let it go after receiving response from SS" is still confusing though. Did you receive notification about Federal case that required a response from you or not? "Let it go" as in you didn't do something you were supposed to, or it's been in limbo and you've heard nothing?
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Old 01-21-2013, 09:09 PM #9
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Quote:
Originally Posted by Rayandnay View Post
here's my situation, binder and binder informed me in 2007, they could not help me after my appeals council denial, but urged me to file in federal court to protect my application date of 4-1-06. Like I said earlier, I did that, paid the court fee, but I realized I was out of my league, let it go after receiving response from social security. Filed new application on 3-29-08, went through normal denials, got remand from appeals councils 10-1-12, and here I sit awaiting new alj hearing. Thanks for your imput.
I would say that your 4/1/06 application date is dead in the water. It has already been decided at the highest level that you appealed to.
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Old 01-21-2013, 10:02 PM #10
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I would say that your 4/1/06 application date is dead in the water. It has already been decided at the highest level that you appealed to.
I would agree
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