Clinton, TN asked in Social Security and Appeals / Appellate Law for Tennessee

Q: My ALJ disability claim was denied and my lawyer doesn't file beyond that level. Should I give up, continue on with

New lawyer or start over as I'm still having an increase of issues/surgeries?

2 Lawyer Answers
Thomas Carter O'Brien
Thomas Carter O'Brien
  • Social Security Disability Lawyer
  • Marietta, GA

A: That's not an easy question to answer without more details. Further appeals focus more on the application of the law to your case as opposed to "not seeing the facts your way". As such, the quality of the written decision and the way the judge conducted the proceedings are of significance. For this reason, it is tough to give you an answer, but I will say that the next level of appeal (to the Appeals Council) takes just under a year on average, and you have about an 11% chance of securing a remand (where the case is pushed back to the ALJ for corrective proceedings). If the AC denies you, you can then appeal to Circuit Court. I hope that this is at least somewhat helpful, and wish you well.

Scott F Bocchio
Scott F Bocchio pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: You can file an Appeals Council Review. The other option is to file a new claim but all the back due pay from the past claim would be gone. The other issue is that you have to check and make sure your credits are still valid for SSDI before refiling.

Scott F. Bocchio, Esq.

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