My son attempted to apply for survivor benefits Feb 21, 2007. Long story involved, but he was eventually given an appointment for March 16, 2007. He was denied on April 7, 2007. We appealed that decision April 20, 2007. Social Security had him fill out a new application May 18, 2007 (as his legal adoption was finalized) but we did not drop the appeal of the previous decision. That application was denied June 29, 2007. We appealed that decision July 11, 2007. He received a reconsideration on October 15, 2007. The October 15, 2007 reconsideration stated it was covering all applications up to that point. He was also received another reconsideration (denied) December 10, 2008 as part of MY reconsideration.
We requested an ALJ Hearing December 14, 2007. My son's hearing was last month.
The part I am having trouble understanding is that the Judges decision from hearing discusses all the dates (above) (with the exception that it says he filed a new application even though he was within the time frame for appealing the first decision -- which would lead me to believe that April appeal disappeared somewhere.)
BUT the judge's decision SPECIFIED that he was only adjudicating the February 21, 2007 (protctive filing date) decision.
It states in one place "The February 21, 2007 application is the application being adjudicated by this hearing decision."
Later in the paragraph it states "This decision is only adjudicating the claimant's February 21, 2007 (the protected filing date) application for child's insurance benefits."
Does anyone understand that? Why, if the issues were basically the same, the judge singled out only one application to adjudicate? And does that mean that other application is still "open" - as he did receive a reconsideration - and he did request a hearing?
It seems kind of odd that the specify they are adjudicating the decision they don't mention was initially appealed.
I am not quite sure what the specificity of the one application being adjudicated actually means.
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free_spirit_etc
I am having trouble understanding this part.
My son attempted to apply for survivor benefits Feb 21, 2007. Long story involved, but he was eventually given an appointment for March 16, 2007. He was denied on April 7, 2007. We appealed that decision April 20, 2007. Social Security had him fill out a new application May 18, 2007 (as his legal adoption was finalized) but we did not drop the appeal of the previous decision. That application was denied June 29, 2007. We appealed that decision July 11, 2007. He received a reconsideration on October 15, 2007. The October 15, 2007 reconsideration stated it was covering all applications up to that point. He was also received another reconsideration (denied) December 10, 2008 as part of MY reconsideration.
We requested an ALJ Hearing December 14, 2007. My son's hearing was last month.
The part I am having trouble understanding is that the Judges decision from hearing discusses all the dates (above) (with the exception that it says he filed a new application even though he was within the time frame for appealing the first decision -- which would lead me to believe that April appeal disappeared somewhere.)
BUT the judge's decision SPECIFIED that he was only adjudicating the February 21, 2007 (protctive filing date) decision.
It states in one place "The February 21, 2007 application is the application being adjudicated by this hearing decision."
Later in the paragraph it states "This decision is only adjudicating the claimant's February 21, 2007 (the protected filing date) application for child's insurance benefits."
Does anyone understand that? Why, if the issues were basically the same, the judge singled out only one application to adjudicate? And does that mean that other application is still "open" - as he did receive a reconsideration - and he did request a hearing?
It seems kind of odd that the specify they are adjudicating the decision they don't mention was initially appealed.
I am not quite sure what the specificity of the one application being adjudicated actually means.
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