alt.social-security-disability

"Jack" wrote in message
news: @ ...
> On Tue, 18 Sep 2007 17:21:41 -0500, Psalm56@ (Gina May)
> wrote:
>
>>Jack says it is cool to refile this new illness and one other post I
>>read to do not refile..now Im really confused.
>>
>>Who wouldn't be.
>
> No. I said that this is not a new illness but rather additional
> evidence to support your claims of back and leg pain that have existed
> for quite a while.

Listen to Bro. Jack, Gina! He's right on.


I said that this new evidence by itself would not
> make the Appeals Council act quickly, unless you got your
> congressperson, senator, and/or the local media to intervene.

And I told you, as a broadcaster with 20 years experience, all stations
MUST prove they are acting in the public interest or their license to use
the airwaves can be pulled by the Federal Communications Commission. They
are ALWAYS looking out for "public interest stories" where they come to your
house and interview you to show how sad it is that the poor little gal in
the wheelchair cannot get the big bad govt. to help her out.
>
> Your lawyer, not I or anyone else in this newsgroup, has access to
> your file and he has decided to file a new application.

That's the part that is driving ALL of us crazy!
Jim


> ________
> Before going further, I'm assuming that this is SSDI, not SSI.
> Frankly, I forgot.
> _____
>
> OK, here are various things that your lawyer should consider:
>
> 1) If your work credits expired before the ALJ made his decision, a
> new application won't help you. They can deny it summarily under a
> legal theory called res judicata. So, if your work credits ran out
> before the ALJ made his decision, you should keep the old application
> alive by appealing to the Appeals Council. This could take a year or
> longer, but as I suggested earlier, that time may be shortened if your
> atty. contacts your congressperson or senator and local media.
>
> 2) If your work credits ran out after the ALJ's decision, you should
> make sure in your new application to say that your disability started
> on a date before the work credits ran out.
>
> 3) If your work credits have not yet expired, you can say that your
> disability began at any time you wish.
>
> 4) If your new application is allowed, the DDS will not set your onset
> date before the date of the ALJ's decision. No way, no how; it won't
> happen. So your retro amt. and your monthly amt. will be lower than
> if the case had been allowed by the Appeals Council. But that's OK.
> You can still appeal the onset date at your leisure while drawing
> SSDI. At some point, a new ALJ or Appeals Council may establish an
> earlier onset date. The important thing is that some money will be
> coming in while that process unfolds.