tdiu Appeals Council Hearing/ Reviewing Ssdi

[Markn123]

Well ok I first filed a SSDI claim March 2004 and said I became disabled Jan. 2002. That claim was denied and went to ALJ hearing Sept. 2005. The ALJ Judge denied me. I appealed to Appeals Council but also filed a second claim Nov. 2005. On the second claim I was awarded Disability by the AlJ Judge and agreed to an onset date of Sept. 2005. Now my first claim is being worked by Appeals Council. They are prepared to vacate the ALJs decisions of Nov. 2006(denied) and Sept. 2007(awarded), consolidate the claims, and remand the case to an New Administrative Law Judge for further proceedings, including a new decision about what onset date to use. What are the chances of me losing my SSDI benefits. I am 80% VA with TDIU.

[Pete53]

From the details of your claim I would expect that you will get more retro.The worse thing that will happen is that you will have no change. Have you asked for TDIU 100% at VA?

[Markn123]

Yes Pete I have NODs on the 3 issues on my TDIU. TY

[Chuck75]

Without knowing the details of the first denial and the subsequent award, it's difficult to say for sure. BUT, assuming that the award evidence was sufficient, it seems that you have a good chance of obtaining retroactive payment. A reverse to the reverse would be cause for you to go the political route, and I really doubt that SSI would care for this to occur.

"What are the chances of me losing my SSDI benefits. I am 80% VA with TDIU."

Well ok I first filed a SSDI claim March 2004 and said I became disabled Jan. 2002. That claim was denied and went to ALJ hearing Sept. 2005. The ALJ Judge denied me. I appealed to Appeals Council but also filed a second claim Nov. 2005. On the second claim I was awarded Disability by the AlJ Judge and agreed to an onset date of Sept. 2005. Now my first claim is being worked by Appeals Council. They are prepared to vacate the ALJs decisions of Nov. 2006(denied) and Sept. 2007(awarded), consolidate the claims, and remand the case to an New Administrative Law Judge for further proceedings, including a new decision about what onset date to use. What are the chances of me losing my SSDI benefits. I am 80% VA with TDIU.

[Markn123]

Thanks Chuck and Pete

[timetowinarace]

I think the chances of getting your origanal effective date are pretty good. I don't think the review council remands claims without good cause. I won my second ALJ hearing after a remand from the review council.

There is that chance of losing your benifits, but I believe it is small. Only you know how good your evidence is to make that decision.

Time

[Testvet]

given the focus on making VA and SSD more compatible coming from Capitol Hill it would appear to be in your favor but like everything else in life it's a gamble although the bet appears to be going in favor of you I am a gambler do I am the last person to trust but I would make that bet 100% of the time