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Old 09-30-2008, 04:21 PM #11
Janke Janke is offline
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Join Date: Sep 2008
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Janke Janke is offline
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Join Date: Sep 2008
Posts: 686
15 yr Member
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If your hearing is denied, you can file a request for an Appeals Council review which is generally a folder review for correctness of the written decision and looks for legal error. Only occasionally does it result in a favorable reversal. Occasionally it results is a remand back to the ALJ for a new hearing and a new decision.

If the Appeals Council does not act on your behalf, you can sue in federal court.

If you don't have an attorney at this point and you are thinking of sueing sometime down the road, you should probably get an attorney now so that a legal stategy can be laid out and the attorney won't be like a 4th quarter quarterback. The hearing decision is a legal discussion of the issues and how your condition does or does not meet the criteria. Most attornies like to get involved at the hearing level because that is where they feel the most effective, talking legalese to an ALJ that they have worked with before.
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