My name isXXXXX a licensed attorney. I am honestly sorry for your circumstances, very much appreciate your patronage, and am glad to try and help out. I also send my best wishes your way concerning your health challenges.
Accordingly, I'm pleased to say that the law is indeed on your side here. Here's how this works. Yes, you certainly can file, and in fact your have either within 30 days after you received the initial decision or 35 days after the actual date of the decision. The cut-off for timely submission is based on whichever of those two dates falls later in time. That's the basic procedural guidelines in terms of time tables. However, substantively I think you're right on the money, as well. One of the specifics grounds for seeking relief by way of review is that there exists new significant evidence or legal argument unavailable when the record was closed out. Based on your description, I think your circumstances fits the bill quite nicely. It's entirely up to you, of course, but I can certainly say that were I in your shoes, and given both the governing law and your particular facts, I would sure go for it.
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Petition for Review
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
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