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	<title>Comments on: Denied at hearing? Here&#8217;s how to appeal the Judge&#8217;s decision to Social Security Appeals Council</title>
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	<link>http://www.socialsecurityinsider.com/2008/09/how-to-appeal-a-hearing-denial-to-the-appeals-council/</link>
	<description>Published by the Stasiuk Firm PC      &#124;      In Colorado, Call for a Free Consultation (800) 407-0166</description>
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		<title>By: Melissa</title>
		<link>http://www.socialsecurityinsider.com/2008/09/how-to-appeal-a-hearing-denial-to-the-appeals-council/comment-page-1/#comment-1603</link>
		<dc:creator>Melissa</dc:creator>
		<pubDate>Sun, 14 Mar 2010 06:50:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.socialsecurityinsider.com/?p=229#comment-1603</guid>
		<description>If I appeal a Partially Favorable decision from an ALJ, is it true that I WILL NOT be able to receive the benefits she awarded me once I file that appeal?</description>
		<content:encoded><![CDATA[<p>If I appeal a Partially Favorable decision from an ALJ, is it true that I WILL NOT be able to receive the benefits she awarded me once I file that appeal?</p>
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		<title>By: Julie</title>
		<link>http://www.socialsecurityinsider.com/2008/09/how-to-appeal-a-hearing-denial-to-the-appeals-council/comment-page-1/#comment-1314</link>
		<dc:creator>Julie</dc:creator>
		<pubDate>Wed, 17 Dec 2008 11:02:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.socialsecurityinsider.com/?p=229#comment-1314</guid>
		<description>I recieved a partial favorable decision on my disability claim. I had filed for it Jan. 2006, was denied. Hired a lawyer and appealed on March, 2006.  I had my video hearing on Sept. 2008. My main Dr. who I see every month for my main health issue and he is the Dr. who manages my pain etc., his office did not get the records into my lawyer before the hearing. The juge approved my disabilty onset as of April 15, 2008 based on the Dr. notes from my OBGYN. I have 10days left to appeal the onset date and send the Dr. notes from Jan 2006-Sep2008 since I need the medical insurance more than anything and need major surgery. I cannot wait 2yrs. from the April 2008 approval date. The only issue is the Dr. notes are somewhat vauge and I know the new judge doing the review can override and deny it. what are the chances they would change it?</description>
		<content:encoded><![CDATA[<p>I recieved a partial favorable decision on my disability claim. I had filed for it Jan. 2006, was denied. Hired a lawyer and appealed on March, 2006.  I had my video hearing on Sept. 2008. My main Dr. who I see every month for my main health issue and he is the Dr. who manages my pain etc., his office did not get the records into my lawyer before the hearing. The juge approved my disabilty onset as of April 15, 2008 based on the Dr. notes from my OBGYN. I have 10days left to appeal the onset date and send the Dr. notes from Jan 2006-Sep2008 since I need the medical insurance more than anything and need major surgery. I cannot wait 2yrs. from the April 2008 approval date. The only issue is the Dr. notes are somewhat vauge and I know the new judge doing the review can override and deny it. what are the chances they would change it?</p>
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		<title>By: TomaszStasiuk</title>
		<link>http://www.socialsecurityinsider.com/2008/09/how-to-appeal-a-hearing-denial-to-the-appeals-council/comment-page-1/#comment-1315</link>
		<dc:creator>TomaszStasiuk</dc:creator>
		<pubDate>Wed, 17 Dec 2008 10:29:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.socialsecurityinsider.com/?p=229#comment-1315</guid>
		<description>Julie,&lt;br&gt;&lt;br&gt;Thanks for your comment!  I see that you have read the site very  &lt;br&gt;carefully and you asking a very intelligent question.&lt;br&gt;&lt;br&gt;However, the Social Security Insider site can only provide general  &lt;br&gt;information.  I cannot perform case evaluations via email or comments.&lt;br&gt;&lt;br&gt;Also, there are too many variables specific to your case to give you  &lt;br&gt;the chances of the partially favorable decision being overturned.&lt;br&gt;&lt;br&gt;You mention that you hired an attorney in 2006.  If you still have  &lt;br&gt;this attorney, he or she is in a much better position to address the  &lt;br&gt;likelihood of winning on appeal (or conversely, losing everything).   &lt;br&gt;Depending on the judge&#039;s reputation and your attorney&#039;s experience  &lt;br&gt;with the judge it might even be possible to feel out the judge to see  &lt;br&gt;if he or she would entertain reviewing the new evidence and issuing an  &lt;br&gt;amended decision.&lt;br&gt;&lt;br&gt;Now, I have never seen that happen!  But depending on the strength of  &lt;br&gt;the medical evidence and how clearly it shows disability as of the  &lt;br&gt;earlier date, it might be worth trying.&lt;br&gt;&lt;br&gt;However, it does nothing towards appealing your case.  You always have  &lt;br&gt;to keep the appeal deadline in mind, because once you are past the  &lt;br&gt;deadline, you may not be to appeal.&lt;br&gt;&lt;br&gt;I wish you the very best.&lt;br&gt;&lt;br&gt;Tomasz M. Stasiuk&lt;br&gt;&lt;a href=&quot;http://www.SocialSecurityInsider.com&quot; rel=&quot;nofollow&quot;&gt;http://www.SocialSecurityInsider.com&lt;/a&gt;&lt;br&gt;&lt;br&gt;&lt;br&gt;A Whole Mess of Legalese:&lt;br&gt;Information contained on the website and responses to comments and  &lt;br&gt;email is general information about the Social Security system and is  &lt;br&gt;not legal advice.  The information on this site may not be appropriate  &lt;br&gt;for the specific circumstances of a particular case and should not be  &lt;br&gt;used without obtaining legal advice.  For a review of the specific  &lt;br&gt;circumstances of your case, contact an attorney for a consultation.   &lt;br&gt;The Stasiuk Firm is available for consultations by telephone at (719)  &lt;br&gt;630-1225 or (800) 407-016.  No attorney-client relationship is formed  &lt;br&gt;via unsolicited communications with the website or office.  No  &lt;br&gt;representation is provided without a validly executed fee agreement  &lt;br&gt;signed by the Stasiuk Firm and the client (or their representative).   &lt;br&gt;Phew!</description>
		<content:encoded><![CDATA[<p>Julie,</p>
<p>Thanks for your comment!  I see that you have read the site very  <br />carefully and you asking a very intelligent question.</p>
<p>However, the Social Security Insider site can only provide general  <br />information.  I cannot perform case evaluations via email or comments.</p>
<p>Also, there are too many variables specific to your case to give you  <br />the chances of the partially favorable decision being overturned.</p>
<p>You mention that you hired an attorney in 2006.  If you still have  <br />this attorney, he or she is in a much better position to address the  <br />likelihood of winning on appeal (or conversely, losing everything).   <br />Depending on the judge&#39;s reputation and your attorney&#39;s experience  <br />with the judge it might even be possible to feel out the judge to see  <br />if he or she would entertain reviewing the new evidence and issuing an  <br />amended decision.</p>
<p>Now, I have never seen that happen!  But depending on the strength of  <br />the medical evidence and how clearly it shows disability as of the  <br />earlier date, it might be worth trying.</p>
<p>However, it does nothing towards appealing your case.  You always have  <br />to keep the appeal deadline in mind, because once you are past the  <br />deadline, you may not be to appeal.</p>
<p>I wish you the very best.</p>
<p>Tomasz M. Stasiuk<br /><a href="http://www.SocialSecurityInsider.com" rel="nofollow">http://www.SocialSecurityInsider.com</a></p>
<p>A Whole Mess of Legalese:<br />Information contained on the website and responses to comments and  <br />email is general information about the Social Security system and is  <br />not legal advice.  The information on this site may not be appropriate  <br />for the specific circumstances of a particular case and should not be  <br />used without obtaining legal advice.  For a review of the specific  <br />circumstances of your case, contact an attorney for a consultation.   <br />The Stasiuk Firm is available for consultations by telephone at (719)  <br />630-1225 or (800) 407-016.  No attorney-client relationship is formed  <br />via unsolicited communications with the website or office.  No  <br />representation is provided without a validly executed fee agreement  <br />signed by the Stasiuk Firm and the client (or their representative).   <br />Phew!</p>
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		<title>By: Julie</title>
		<link>http://www.socialsecurityinsider.com/2008/09/how-to-appeal-a-hearing-denial-to-the-appeals-council/comment-page-1/#comment-542</link>
		<dc:creator>Julie</dc:creator>
		<pubDate>Wed, 17 Dec 2008 03:02:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.socialsecurityinsider.com/?p=229#comment-542</guid>
		<description>I recieved a partial favorable decision on my disability claim. I had filed for it Jan. 2006, was denied. Hired a lawyer and appealed on March, 2006.  I had my video hearing on Sept. 2008. My main Dr. who I see every month for my main health issue and he is the Dr. who manages my pain etc., his office did not get the records into my lawyer before the hearing. The juge approved my disabilty onset as of April 15, 2008 based on the Dr. notes from my OBGYN. I have 10days left to appeal the onset date and send the Dr. notes from Jan 2006-Sep2008 since I need the medical insurance more than anything and need major surgery. I cannot wait 2yrs. from the April 2008 approval date. The only issue is the Dr. notes are somewhat vauge and I know the new judge doing the review can override and deny it. what are the chances they would change it?</description>
		<content:encoded><![CDATA[<p>I recieved a partial favorable decision on my disability claim. I had filed for it Jan. 2006, was denied. Hired a lawyer and appealed on March, 2006.  I had my video hearing on Sept. 2008. My main Dr. who I see every month for my main health issue and he is the Dr. who manages my pain etc., his office did not get the records into my lawyer before the hearing. The juge approved my disabilty onset as of April 15, 2008 based on the Dr. notes from my OBGYN. I have 10days left to appeal the onset date and send the Dr. notes from Jan 2006-Sep2008 since I need the medical insurance more than anything and need major surgery. I cannot wait 2yrs. from the April 2008 approval date. The only issue is the Dr. notes are somewhat vauge and I know the new judge doing the review can override and deny it. what are the chances they would change it?</p>
]]></content:encoded>
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	<item>
		<title>By: TomaszStasiuk</title>
		<link>http://www.socialsecurityinsider.com/2008/09/how-to-appeal-a-hearing-denial-to-the-appeals-council/comment-page-1/#comment-543</link>
		<dc:creator>TomaszStasiuk</dc:creator>
		<pubDate>Wed, 17 Dec 2008 02:29:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.socialsecurityinsider.com/?p=229#comment-543</guid>
		<description>Julie,&lt;br&gt;&lt;br&gt;Thanks for your comment!  I see that you have read the site very  &lt;br&gt;carefully and you asking a very intelligent question.&lt;br&gt;&lt;br&gt;However, the Social Security Insider site can only provide general  &lt;br&gt;information.  I cannot perform case evaluations via email or comments.&lt;br&gt;&lt;br&gt;Also, there are too many variables specific to your case to give you  &lt;br&gt;the chances of the partially favorable decision being overturned.&lt;br&gt;&lt;br&gt;You mention that you hired an attorney in 2006.  If you still have  &lt;br&gt;this attorney, he or she is in a much better position to address the  &lt;br&gt;likelihood of winning on appeal (or conversely, losing everything).   &lt;br&gt;Depending on the judge&#039;s reputation and your attorney&#039;s experience  &lt;br&gt;with the judge it might even be possible to feel out the judge to see  &lt;br&gt;if he or she would entertain reviewing the new evidence and issuing an  &lt;br&gt;amended decision.&lt;br&gt;&lt;br&gt;Now, I have never seen that happen!  But depending on the strength of  &lt;br&gt;the medical evidence and how clearly it shows disability as of the  &lt;br&gt;earlier date, it might be worth trying.&lt;br&gt;&lt;br&gt;However, it does nothing towards appealing your case.  You always have  &lt;br&gt;to keep the appeal deadline in mind, because once you are past the  &lt;br&gt;deadline, you may not be to appeal.&lt;br&gt;&lt;br&gt;I wish you the very best.&lt;br&gt;&lt;br&gt;Tomasz M. Stasiuk&lt;br&gt;&lt;a href=&quot;http://www.SocialSecurityInsider.com&quot; rel=&quot;nofollow&quot;&gt;http://www.SocialSecurityInsider.com&lt;/a&gt;&lt;br&gt;&lt;br&gt;&lt;br&gt;A Whole Mess of Legalese:&lt;br&gt;Information contained on the website and responses to comments and  &lt;br&gt;email is general information about the Social Security system and is  &lt;br&gt;not legal advice.  The information on this site may not be appropriate  &lt;br&gt;for the specific circumstances of a particular case and should not be  &lt;br&gt;used without obtaining legal advice.  For a review of the specific  &lt;br&gt;circumstances of your case, contact an attorney for a consultation.   &lt;br&gt;The Stasiuk Firm is available for consultations by telephone at (719)  &lt;br&gt;630-1225 or (800) 407-016.  No attorney-client relationship is formed  &lt;br&gt;via unsolicited communications with the website or office.  No  &lt;br&gt;representation is provided without a validly executed fee agreement  &lt;br&gt;signed by the Stasiuk Firm and the client (or their representative).   &lt;br&gt;Phew!</description>
		<content:encoded><![CDATA[<p>Julie,</p>
<p>Thanks for your comment!  I see that you have read the site very  <br />carefully and you asking a very intelligent question.</p>
<p>However, the Social Security Insider site can only provide general  <br />information.  I cannot perform case evaluations via email or comments.</p>
<p>Also, there are too many variables specific to your case to give you  <br />the chances of the partially favorable decision being overturned.</p>
<p>You mention that you hired an attorney in 2006.  If you still have  <br />this attorney, he or she is in a much better position to address the  <br />likelihood of winning on appeal (or conversely, losing everything).   <br />Depending on the judge&#39;s reputation and your attorney&#39;s experience  <br />with the judge it might even be possible to feel out the judge to see  <br />if he or she would entertain reviewing the new evidence and issuing an  <br />amended decision.</p>
<p>Now, I have never seen that happen!  But depending on the strength of  <br />the medical evidence and how clearly it shows disability as of the  <br />earlier date, it might be worth trying.</p>
<p>However, it does nothing towards appealing your case.  You always have  <br />to keep the appeal deadline in mind, because once you are past the  <br />deadline, you may not be to appeal.</p>
<p>I wish you the very best.</p>
<p>Tomasz M. Stasiuk<br /><a href="http://www.SocialSecurityInsider.com" rel="nofollow">http://www.SocialSecurityInsider.com</a></p>
<p>A Whole Mess of Legalese:<br />Information contained on the website and responses to comments and  <br />email is general information about the Social Security system and is  <br />not legal advice.  The information on this site may not be appropriate  <br />for the specific circumstances of a particular case and should not be  <br />used without obtaining legal advice.  For a review of the specific  <br />circumstances of your case, contact an attorney for a consultation.   <br />The Stasiuk Firm is available for consultations by telephone at (719)  <br />630-1225 or (800) 407-016.  No attorney-client relationship is formed  <br />via unsolicited communications with the website or office.  No  <br />representation is provided without a validly executed fee agreement  <br />signed by the Stasiuk Firm and the client (or their representative).   <br />Phew!</p>
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