[diaba]

Hi, just got a denial from the administative law judge. I went without an atty. So guess i'll have to use one to appeal. should i get my own, or use the one that is offered from my LTD company?

thx

[Janke]

Originally Posted by diaba

Hi, just got a denial from the administative law judge. I went without an atty. So guess i'll have to use one to appeal. should i get my own, or use the one that is offered from my LTD company?
thx

You may find it hard to get an attorney at this stage since most of them tend be most successful at the ALJ level. Make some calls. See what they say.

[Rayandnay]

Originally Posted by diaba

Hi, just got a denial from the administative law judge. I went without an atty. So guess i'll have to use one to appeal. should i get my own, or use the one that is offered from my LTD company?

thx

Allsup or local attorney that deals only with social security issues, someone you can visit, hands on, personal touch, whatever you do, don't use binder and binder, you'll just be a number, switched from office to office, no call backs, utter disrespect.

[LIT LOVE]

You might consider a different option. Determine what documentation you were missing that resulted in a denial. Verify your last date of eligibility has not passed. Verify your carrier will allow you start over. And begin a new application. (Will you receive more from SS anyway? Or are you simply exchanging your private policy for SS?)

Many of us have been successful with a second application. SS allowed applicants to pursue an appeal and a new application in the past, but changed that rule.

The record of your first application including the ALJ hearing would become apart of the new application, so you're not starting over from square one. But, you should have a good idea how close you came to approval.

If you do decide to file an appeal, you can't simply prove your case by getting new documentation. You are required to prove the ALJ made a legal error. Sometimes the Appeals Council changes a decision to Fully Favorable, but more often, you're remanded back to the ALJ hearing level. Then you can introduce new medical documentation. This process can be lengthy though! You can check delay statistics (as well as approval rates in your area, and even by ALJ!) at this website: http://ssdfacts.com

A thorough 2nd application can be approved much faster (no guarantee of course) than going through an appeal. Read through the stickies, buy or check out a copy of the NOLO Press guide to SSI/SSDI, and really learn what SS expects you to prove in order to receive a Fully Favorsble decision.

If you'd like to post specifics about your denial, perhaps some of us might be able to help you more specifically, as well.

[Rayandnay]

Originally Posted by diaba

Hi, just got a denial from the administative law judge. I went without an atty. So guess i'll have to use one to appeal. should i get my own, or use the one that is offered from my LTD company?

thx

Get an attorney, if not you will set yourself back years, this process is not for amateurs, people on this forum have a lot of good ideas, but they just don't know the legal ins and outs.

[LIT LOVE]

Originally Posted by Rayandnay

Get an attorney, if not you will set yourself back years, this process is not for amateurs, people on this forum have a lot of good ideas, but they just don't know the legal ins and outs.

Using Allsup doesn't mean the OP will be "hiring an attorney" as far as I can tell. I'm not even saying that's a bad thing, but they aren't the same things.

OP: The good thing about using a service like Allsup is that they will work to get you a fast approval, and they don't have the same incentive to draw the process out for fees, because your LTD carrier is paying them. Allsup and your LTD might agree that a second application is preferred over the lengthy appeal process, btw. My earlier post didn't really address your original question... You can also hire a local SSDI non-attorney Rep as well, that doesn't have a tie to your LTD.

[LIT LOVE]

http://www.allsup.com/about-ssdi/com...entatives.aspx

[Rayandnay]

Originally Posted by LIT LOVE

Using Allsup doesn't mean the OP will be "hiring an attorney" as far as I can tell. I'm not even saying that's a bad thing, but they aren't the same things.

OP: The good thing about using a service like Allsup is that they will work to get you a fast approval, and they don't have the same incentive to draw the process out for fees, because your LTD carrier is paying them. Allsup and your LTD might agree that a second application is preferred over the lengthy appeal process, btw. My earlier post didn't really address your original question... You can also hire a local SSDI non-attorney Rep as well, that doesn't have a tie to your LTD.

I'm curious, what is LTD?

[Ironbutterfly]

Originally Posted by Rayandnay

I'm curious, what is LTD?

It stands for " Long Term Disability". A benefit you get from your employer or a private policy you paid for...

[Ironbutterfly]

Originally Posted by diaba

Hi, just got a denial from the administative law judge. I went without an atty. So guess i'll have to use one to appeal. should i get my own, or use the one that is offered from my LTD company?

thx

We used attorney from LTD. We just got a favorable decision for husband this week. If you use one of their attorneys that they recommend, they give you a credit for his fee's.