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.
| 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" |
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