Thursday, July 30, 2015

Fox-5 Atlanta I-team-Social Security disability: Stay in line or start all over?

Hear Disability Attorney Thomas O'Brien weigh in on the difficult choice between pursuing appeals beyond the ALJ level versus starting a new case.  Click below for the Fox-5 Atlanta I-Team Report, and read below the video story for Thomas' talking points about this difficult decision.
 Stay in Line or Start All Over?


Why File a request for Appeals Council review?
• A new case might not be an option because Claimant is no longer insured for disability (DLI)
• Claimant does not want to lose a few years of back benefits
• All original records would be considered, and not as usable in a new case
• Claimant is still generating new persuasive evidence that "relates back" to conditions considered in original filing
• A good hearing may have resulted in good issues for appeal

Why start a new claim?
• Might be able to file a new case prior to insurance lapse date (do not want to miss DLI)
• Claimant may be past age 50 during a new filing
• Can submit new evidence of new diagnoses (as well as ongoing care for old diagnoses)
• New sets of eyes on the case, and potentially more favorable odds
• High chance of losing at AC, meaning a loss of an additional delay in starting a new case
• A win at AC often means appearing again in front of denying judge
• The Appeals Council's scope of review is primarily to evaluate legal or procedural errors, and determines if evidence was properly considered
• Any new evidence at AC must "relate back"

6 comments:

  1. This comment has been removed by a blog administrator.

    ReplyDelete
  2. This comment has been removed by a blog administrator.

    ReplyDelete
  3. Just thought you would like to know, part b premium will be increased from $104.90 to $121.80 for those who file for medicare benefits without starting their SS benefits - even if your joint MAGI is well below current thresholds - effective immediately. Beneficiaries are not given any notice of this caveat. This is a new rule. It is enforced retroactively.

    ReplyDelete
  4. We've listed below all of the social security office Houston. The links below will give you information that includes the office address, telephone number, hours, and driving directions to the closest locations in Houston, TX Texas.

    ReplyDelete
  5. Simple my humble heart to Ward people
    Need. Access. Networking internet connection. Modifications must return
    Code to owner recipient numbers.

    ReplyDelete