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12-08-2013, 09:49 PM | #1 | ||
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Junior Member
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Not according to my attorneys, they clearly stated that AC routinely refuses to even read the ALJ decision, which in my case they did twice! Again, to be perfectly clear, the AC often simply refuses to even review the ALJ's decision, Daley Disability Law says its not at all uncommon... |
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12-09-2013, 01:14 AM | #2 | ||
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Magnate
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Over half of the applicants that file appeals will eventually be awarded benefits, so statistically it is not a waste of time for applicants to follow through. |
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12-09-2013, 11:05 AM | #3 | ||
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Junior Member
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The only chance the op has is in a federal courtroom, tacking on an easy extra 3-5 yrs to the process, that or he can file a new claim and hope for a different outcome. These people need to understand the truth, and that is that most of them are going to lose, and lose badly! |
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12-09-2013, 12:09 PM | #4 | ||
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Magnate
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http://www.ultimatedisabilityguide.c...ial_rates.html I don't know how you came to the decision that Federal Court would give you, or anyone, a better opportunity for approval, but it just isn't true. It can give you another opportunity to keep your case alive and not lose backpay, so that new evidence can be presented to an ALJ--but that's generally what one is trying to accomplish with the AC as well. |
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12-09-2013, 01:36 PM | #5 | ||
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Junior Member
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Thats why we have the federal option, that court knows just how despicable most of these decisions really are, if you have a genuine disability, and you've been screwed royally by SSA, if you have a case, the federal court will almost always intervene, unfortunately it takes several years for them to weigh in on the matter! |
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12-09-2013, 04:45 PM | #6 | ||
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Magnate
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Last year (approx.) 7400 people were remanded from FC to ALJ, and 600 were approved by the FC. Whereas (approx.) 36,500 people were remanded from the AC back to an ALJ, and 3300 were approved AC. More people are being helped at the AC level and faster than at the FC level. Most applicants will start a new application, even if it must be an SSI application, before going to FC. So, while I would agree it is important that they submit a well prepared appeal, preferably by a highly qualified attorney, I don't see the point of focusing on FC when they are at the stage the OP is. |
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12-09-2013, 06:59 PM | #7 | ||
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Junior Member
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I'm not advising a focus on the federal court, merely that the AC is a likely lemon. Most will simply give up at this stage, but it makes no difference anyway, to appeal to a federal court you must first proceed through he appeals council...most either give up, or file an entirely new claim. If you are passed your date of last insured you have no options but to file the lawsuit.... |
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