A TV station in Atlanta is reporting on the dilemma faced by many who are denied by one of Social Security's Administrative Law Judges (ALJs) -- appeal and fact horrendous delays with only a limited chance of success -- or start over again with a new claim and still face horrendous delays but stand a better chance of success. Oh, and if you choose the new claim route, you're almost certainly giving up on all the benefits up to the date of the ALJ denial even though in some cases the ALJ denial is just ridiculous.
It's like they deliberately stacking the deck against you. There's no good choice.
For Good Cause a prior claimant can be re-opened.
ReplyDeleteI don't know about the experience of other attorneys and reps, but how many ALJs will re-open a case denied by another ALJ? I suspect that some sort of "professional courtesy" might exist. This is often the case with judges in other forums.
ReplyDeleteBy the way, I've spent most of my career going before ALJs from the Greensboro, NC ODAR before our area was placed under another ODAR's jurisdiction. In many cases, upon receiving a denial, I counseled the client as to the case deficiencies which would probably make an appeal unsuccessful and advised filing a new claim after additional medical/psychological treatment. In those years that our area was under the Greensboro ODAR, the new case was ALWAYS assigned to the same ALJ who had denied the previous claim.
I wonder how many other ODARs follow that procedure.
that should be long over since Huntington--the only cases ALJs should get back as a matter of course are their own remands, and only the first remand.
ReplyDeleteI guess the words Good Cause slipped everyones thoughts?
ReplyDeleteThe problem is the waits for Appeals Council to act -- AC says 15 to 18 months, but don't hold them even to that time frame. In the meantime, claimants are going further into debt, e.g., racking up child support arrearages, losing their homes, their marriages, and their dignity.
ReplyDeleteHow long could most people survive with no income? SSA claimants in my neck of the woods wait 2 to 3 years to get a hearing decision and an additional 2 years at AC. That is disgraceful.
Even if SSA eventually "makes it right" (and that's a big "if"), the claimants have undergone a lot of stress, typically foregone needed medical treatment (the lack of which can shorten their lives), and often borrow extensively just to live.