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Lost Alj Appeals With Lawyer


drm65

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I'm a little confused on where at in the Social Security appeals process your claim was denied.

If you were denied at the ALJ level, then there is still the Appeals Council to request a review of your hearing from. You have a choice to either file for a review or file a new application - you can no longer do both as of July 28, 2011.

If your request for review was denied by the Appeals Council, then you can file suit in U.S. District Court AND file a new application with Social Security. It is rather difficult to find lawyers who represent claimants at the Federal Court level, but they are out there. There is a $350 filing fee for suing in Federal Court.

In filing a new application, you need to make sure that your application doesn't fall under res judica. Meaning that the elements of the claim have already been decided once, so you need a new onset date, new and material evidence, etc...

If Binder and Binder will agree to release you, you can try and find a different LOCAL lawyer to represent you. The Natonal Organization of Socials Security Claimants Represetatives (NOSSCR) will refer you to one of theirs, but I used a National Organization of Veterans Advocates (NOVA) lawyer to represent me. He also is my lawyer for VA matters, so he knows my case well.

Hope this helps...

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