There were many posts on the old braintalk board about filing a new claim while the current case goes before the appeals council, but those posts have not been recovered. Here is a web site that addresses the issue:


http://www.disabilitysecrets.com/new...s-council.html

Hey Joe thanks..

Well I did speak to my Lawyer today, she is home sick today. She hasn't read the full decision yet, but she pretty much knew that the Judge was going to deny. She said that if she appeals again, she now needs to prove that the Judge made a mistake in his findings and yes new evidence will help. She did say she does feel that I may of Filied to early becasuse alot of my medical records up until 06 are negitive results..

Also the laws are changing soon in Massachusetts and if I file a new case and still Appeal and got denied at either level it would abolish the other claim. So I have alot of decisions and thinking to do .. I will meet with her next week and discuss this further. It would certainly make it easier if I was to Move to Florida because there I could do both at the same time ! ARRRGGGHHH this is soo frustrating .... Thank you to everyone for guideing me

Biggest of hugs dearie!

Thanks Julie :)

Under the new rules the appeals council will be eliminated and replaced with a type of quality review board which would choose which cases it wants to review, you could not appeal to them per se. If they dont review your case and reverse it you have to go to federal court. It is starting in the Boston area and will be all over the country eventually.

Thanks for clarifying that for me HeyJoe .. Again I guess I have alot of decisions to make .. I will update all of you after I see my Lawyer.

Again , I stress the importance of this web site, because all of you have made such a difference in my life . I have learned so much from all of you. If it wasn't for you all I would not be where I am today !

Thank you for all the help !
Dolfinz

Denial report
 

Hi Dolfinz,

I'm sorry to hear what you're going through. I just came onto this site to ask some questions because I just applied a couple of months ago. I haven't had a denial from Soc Sec, but I've had other "bad reports" from work comp doctors that "twist" your answers, etc. VERY FRUSTRATING!!

I sure hope all goes well with your appeal. And I agree with Julie. Maybe moving out of state and starting "fresh" is a good idea.

Actually, I wanted ask if anyone knew why I am being sent for a "Mental Status" exam by Soc Sec. I just got the letter today. I don't have an attorney for Soc Sec. Just for Work Comp, and I honestly think he has a SERIOUS MENTAL ILLNESS! LOL! I have to laugh or I'd cry!

Hang in there!

Denise

Hey Denise, everyone else..

Denise.. I wasn't worker's comp but I am sure that it very frustrating. The best thing I did was get a lawyer.. there are some Lawyers out there that don't get a fee unless you win.. maybe the same for Worker's Comp Attorneys ? you should get one if you can... Good Luck and Take care.. I am learning that this process is very slow.....

Sorry it took soooo long for reply
 

I just went cold turkey off the pain meds this month. Whew! What a nightmare that was!

I looked back in the paperwork, and I went to court in Dec 05, filed the appeal to the appeals council in may. I did hear from them in Oct, said I could update my file for the last time. Now waiting to hear back on decision.

My attorney told me not to file a new claim, as that would give them a reason to deny me some more just to make sure I dont get backpay. I agreed with him, as I have come along ways, about 3 1/2 years now, and could really use the backpay.

It is pretty rough living I will say that. But I have a real good attorney now, fired the first one, for letting the judge rip me up in court while she sat silent. Kinda looked like they had an agreement before hand for her to remain silent. She never let out a peep as he threw out all my medical records as evidence, and only used the ssa doc's stuff. It was totally biased, and illegal the way he handled the decision.

Hope everything works out for ya! ;)

Dolfinz, Don't give I just won mine after 4 years. Hang in there.