Comments on: Denied at hearing? Here’s how to appeal the Judge’s decision to Social Security Appeals Council

By: TomaszStasiuk

TomaszStasiuk — Tue, 11 Oct 2011 21:05:00 +0000

Check the fee agreement. Typically there is no change at the Appeals Council level.

By: judy

judy — Tue, 11 Oct 2011 20:57:00 +0000

ok I had my hearing in front of a judge now I was told it takes up to 60 days to hear if am deined now if I go on with my attorney to the council apeal do I have to pay my attorney or does he get paid if I win thank you judy from wis

By: BENTON56_LESLIE

BENTON56_LESLIE — Thu, 09 Sep 2010 14:57:00 +0000

THE APPEAL COUNCIL REMAND MY CASE BACK TO THE HEARING OFFICE SO ANOTHER HEARING..WHICH IS ALREADY SCHEDULE ,THAT WAS QUICK: HOPEFULLY THIS IS IT….

By: TomaszStasiuk

TomaszStasiuk — Sun, 18 Jul 2010 09:46:47 +0000

I wish I could tell which cases would win based on a quick summary. There is a lot of work done to develop a case, become familiar with the medical records, and determine work-place limitations.

In my experience, cases almost never turn purely on the diagnosis. It is almost always a matter of determining the individual's limitations, treatment history, response to treatment, prognosis, etc.

A lawyer can certainly help with that, but no (ethical) lawyer can promise you that you will win.

By: Rowben1018

Rowben1018 — Sun, 18 Jul 2010 08:28:12 +0000

my case is about knee injury, high blood pressure, diabetic and ears surgery and my name is Rowena Dagatan and I wonder if I can win my case with an attorney

By: Can I win my disability case at the Social Security Appeals Council? | Colorado Social Security Law

Mon, 12 Jul 2010 15:02:09 +0000

[...] For more information about appealing to a hearing denial to the Social Security Appeals Council, click here. [...]

By: KS

KS — Fri, 02 Apr 2010 00:08:31 +0000

I wish I had read this article before I hired my lawyer for my hearing. He does not go beyond the hearing level and I have not been able to find a lawyer to help me at all.

By: Melissa

Melissa — Sun, 14 Mar 2010 06:50:10 +0000

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?

By: Julie

Julie — Wed, 17 Dec 2008 11:02:39 +0000

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?

By: TomaszStasiuk

TomaszStasiuk — Wed, 17 Dec 2008 10:29:06 +0000

Julie,

Thanks for your comment! I see that you have read the site very
carefully and you asking a very intelligent question.

However, the Social Security Insider site can only provide general
information. I cannot perform case evaluations via email or comments.

Also, there are too many variables specific to your case to give you
the chances of the partially favorable decision being overturned.

You mention that you hired an attorney in 2006. If you still have
this attorney, he or she is in a much better position to address the
likelihood of winning on appeal (or conversely, losing everything).
Depending on the judge's reputation and your attorney's experience
with the judge it might even be possible to feel out the judge to see
if he or she would entertain reviewing the new evidence and issuing an
amended decision.

Now, I have never seen that happen! But depending on the strength of
the medical evidence and how clearly it shows disability as of the
earlier date, it might be worth trying.

However, it does nothing towards appealing your case. You always have
to keep the appeal deadline in mind, because once you are past the
deadline, you may not be to appeal.

I wish you the very best.

Tomasz M. Stasiuk
http://www.SocialSecurityInsider.com

A Whole Mess of Legalese:
Information contained on the website and responses to comments and
email is general information about the Social Security system and is
not legal advice. The information on this site may not be appropriate
for the specific circumstances of a particular case and should not be
used without obtaining legal advice. For a review of the specific
circumstances of your case, contact an attorney for a consultation.
The Stasiuk Firm is available for consultations by telephone at (719)
630-1225 or (800) 407-016. No attorney-client relationship is formed
via unsolicited communications with the website or office. No
representation is provided without a validly executed fee agreement
signed by the Stasiuk Firm and the client (or their representative).
Phew!

By: Julie

Julie — Wed, 17 Dec 2008 03:02:39 +0000

By: TomaszStasiuk

TomaszStasiuk — Wed, 17 Dec 2008 02:29:06 +0000