alt.social-security-disability

Im listening and taking all of this into consideration to.. I appreciate
all of your help on this..

"Gi
Group: Date: Wed, Sep 19, 2007, 2:41pm
(CDT+5) From: jim@ (Jim)
"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.
=A0=A0=A0=A0=A0=A0=A0=A0Listen to Bro. Jack, Gina! He's right on.
=A0=A0I 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.
=A0=A0=A0=A0=A0=A0=A0=A0And 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.
=A0=A0=A0=A0=A0=A0=A0=A0That's the part that is driving ALL of us crazy!
=A0 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. =A0 So your retro amt. and your monthly amt. will be lower than
if the case had been allowed by the Appeals Council. =A0 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