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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13281
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I filed for disability social security,administrative law

Customer Question

i filed for disability social security,administrative law judge issued an unfavorable decision .My professional adviser informed me "we do not represent disability clients past the hearing level,therefor we will be withdrawing from your claim and will inform the social administration of our withdrawal.Kindly advise me what i should i do now.
Submitted: 11 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 11 months ago.

You have to decide if you will file an appeal to the appeals council or if you will be (and feasibly can) filing a whole new claim - starting from scratch. Appeals council processing times can take upwards of 18 months, only to get a "we decline to review" - but, you are protectively able to file anew at that time, with a protective filing date of the date of your AC appeal so long as you file the new one within 60 days of the AC denial.

Things to consider: If you are no longer able to file a new claim due to a remote DLI, and res judicata of the ALJ denial, you have no choice but to file AC appeal. Slim chance of winning, but still better than none. AC appeals do not allow for new evidence, but only review that which occurred below to see if the judge made a legal error. SO you need to study up on the law and see, given his decision, where he may have missed something legal that material effected the outcome. I.e. perhaps he failed to consider or comment on your strongest piece of treating medical evidence. Typically, he must consider ALL evidence and explain the weight given or not give. To file your AC appeal, if you find you must or want to, technically AC must review all of your case even if you don't know if it is a valid appeal - so you can do this without a lawyer if you must. Just follow the directions in your denial letter of the ALJ.

If you believe you are still unable to work and are not working, but still have some "insured" time remaining in this area of "term insurance" (SSDIB), you may want to start a new claim. Look to see why the ALJ found you to have insufficient evidence of being unable to work ALL jobs out there, and bone up in that area. The single best thing you can do is treat, treat, treat, and get diagnostic tests for ALL applicable impairments/body parts. Lack of medical evidence is likely the #1 reason for denials, and without medical evidence, you leave your attorney's hands tied - he can't develop more medical evidence if you don't have that strong base, and he can't correlate your medical evidence to relevant pieces of the SS law to establish disability if you don't have that extensive, thorough and long term treating evidence.

You mention "professional advisor" - sounds like a non-lawyer group. You may want to use a dedicated SSD lawyer if you have right to file a new claim. Many volume based non lawyer companies do not develop further evidence - they don't seek interrogatory type questions from your medical providers, but hope to win organically without that additional effort. Some volume based law firms that dabble in SS but are not focused exclusively in that field do the same - so be choosy, you want a focused SS lawyer, not a jack of all trades, master of none. IMHO. And as it is federal you are free to use anyone in the country, not the jack of all trades down the street. So look around. ANd first things first, makes sure you know your DLI (date last insured) as that will tell you if you MUST file AC appeal (vs. skip it and refile) to keep any SSDIB options remotely viable.

Expert:  Stephanie O Joy, Esq replied 11 months ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Customer: replied 11 months ago.

it was thorough attorney (disability insurance)

Expert:  Stephanie O Joy, Esq replied 11 months ago.

You got your attorney as referred by a LTD company? Not usually the best recommendation, but it is what it is.

Do you have any clarification needed here?

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