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07/17/2011 04:35 AM

New Application After ALJ Denial

waybackjack

The ALJ denied your claim and instead of appealing it further, you file a new application

If the DDS determines that you are disabled they will not establish your onset date earlier than the date of the ALJ denial. You must of course still be insured with sufficient work credits at whatever date they do establish. This date will have negative consequences because it will affect your month of entitlement as well as your PIA monthly benefit amt.

If you want to fight the onset date, you need to go through the appeals process again. The DDS will not change the date. They have been instructed not to step on the ALJ's toes. You'll need to endure another ALJ hearing if you want an earlier onset date.

Regardless of whether you are filing your new application, a recon appeal, or a request for hearing, tell them that you want to reopen the prior claim. A reopening of an earlier denial is possible if certain conditions are met.

1) The reopening request must be made within four years after the previous *INITIAL* denial notice.

2) The reopening must be based on one of the following reasons:

A) There was a clerical error in benefit computation.

Cool There was clear error on the face of the record, or

C) New and material evidence is now furnished.

Regarding C) above, new and material evidence refers to evidence relating to prior to the ALJ's decision, even back to the original alleged onset date, but was not previously considered in the final decision.

Jack

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07/17/2011 05:37 AM
jmick
jmickPosts: 13899
VIP Member

Thanks for the info -- my representative must be even better than I thought. My initial claim was denied before they collected any info. The main problem was that by the time they notified me, the 60 days to appeal had passed. Not only that, but I was not notified in writing (ever!); After getting no information requests from them I began calling once a week to find out what was going on. Finally, someone told me over the phone that I was denied.

Of course I could have filed an appeal late and listed my justification -- that I was not notified of my denial in time -- but my rep would only take the case if I filed a new application. I was concerned about losing time, but sure enough when I received my approval it said they had reopened my prior case and set my onset where it should be.

I still wouldn't suggest people do it the way I did on purpose... I have a feeling I got lucky. Maybe someone at SSA looked back at all my phone calls, realized what happened, and did the right thing.

Just for kicks, here is how SSA sent my mail during my first claim:

First Name Last Name

City, State

Zip

Absolutely NO street address! I wonder where all the mail ended up... Tongue

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