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Did I Make The Right Decision


unique
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I was denied at the ALJ hearing by a judge. I appealed the decision to the appeals council. My attorney appears to be incompetent because he didn't ask many questions at the ALJ hearing. My appeal is still pending with the appeals council. While my appeal is pending I reapplied for SSA disability. I read that you can file a new application while the appeal is pending at the appeals council and it wouldn't have any affect on the appeal at the appeals council. Did I make the right decision by reapplying?

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unique,

I too have pondered whether to submit a new application for disability with Social Security, because it would be quicker than my appeal; which has been sent to the Social Security Appeals Council. I have found out it is the only time you can have two claims existing at once. However, I recall reading a post here that someone had done so and won, but lost their effective date for their initial application, and were only awarded from the date of the second application and lost a significant amount of backpay. My lawyer also told me that there would be a good chance of losing the original effective filing date, so I have decided NOT to file a new claim.

It is not as though I am magically cured, and the evidence in my favor keeps piling up; making my case stronger as time goes on. To tell you the truth, I would rather be magically cured and go back to work, as I made much more employed than I will get from the VA and SSDI.

I honestly don't know if you will lose your original effective date, let me know what happens. I have posted earlier that my lawyer says he will take my case to the District Court, if need be. I hope your case goes well.

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Thanks Bonzai! I called SSA and they stated that if I was awarded at the initial stage that I would lose my original effective date, but if I won at the Appeals Council stage my original effective date would still be active and I would receive all the backpay to which I am entitled. If the appeal is won at the Appeals Council they would just erase the claim at the initial stage, but just like everything else that social security says take this with a grain of salt. GOOD LUCK on your appeal!!!

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