DISQUS

Julie · 11 months ago

I recieved a partial favorable decision on my disability claim. I had filed for it Jan. 2006, was denied. Hired a lawyer and appealed on March, 2006. I had my video hearing on Sept. 2008. My main Dr. who I see every month for my main health issue and he is the Dr. who manages my pain etc., his office did not get the records into my lawyer before the hearing. The juge approved my disabilty onset as of April 15, 2008 based on the Dr. notes from my OBGYN. I have 10days left to appeal the onset date and send the Dr. notes from Jan 2006-Sep2008 since I need the medical insurance more than anything and need major surgery. I cannot wait 2yrs. from the April 2008 approval date. The only issue is the Dr. notes are somewhat vauge and I know the new judge doing the review can override and deny it. what are the chances they would change it?

TomaszStasiuk · 11 months ago

Julie,

Thanks for your comment! I see that you have read the site very
carefully and you asking a very intelligent question.

However, the Social Security Insider site can only provide general
information. I cannot perform case evaluations via email or comments.

Also, there are too many variables specific to your case to give you
the chances of the partially favorable decision being overturned.

You mention that you hired an attorney in 2006. If you still have
this attorney, he or she is in a much better position to address the
likelihood of winning on appeal (or conversely, losing everything).
Depending on the judge's reputation and your attorney's experience
with the judge it might even be possible to feel out the judge to see
if he or she would entertain reviewing the new evidence and issuing an
amended decision.

Now, I have never seen that happen! But depending on the strength of
the medical evidence and how clearly it shows disability as of the
earlier date, it might be worth trying.

However, it does nothing towards appealing your case. You always have
to keep the appeal deadline in mind, because once you are past the
deadline, you may not be to appeal.

I wish you the very best.

Tomasz M. Stasiuk
http://www.SocialSecurityInsider.com


A Whole Mess of Legalese:
Information contained on the website and responses to comments and
email is general information about the Social Security system and is
not legal advice. The information on this site may not be appropriate
for the specific circumstances of a particular case and should not be
used without obtaining legal advice. For a review of the specific
circumstances of your case, contact an attorney for a consultation.
The Stasiuk Firm is available for consultations by telephone at (719)
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via unsolicited communications with the website or office. No
representation is provided without a validly executed fee agreement
signed by the Stasiuk Firm and the client (or their representative).
Phew!