can you apeal a social security claim after you have seen the judge and been denied by him?

Question

I filed for ssD. 4 yrs. ago. I had a atty. I was denied & appealed so we went before the judge. My atty. told me prior to going that he knew it wasn't going to go well because the judge didn't like him, but there wasn't anything we could do but try. At that point I thought my atty knew best. To make a long long story short. The judge denied me. When I got the papers in the mail as to why, I WAS STUNNED. HE had all the dates wrong, backwards, up , down, ever which way you could get them wrong. months, years. I mean it was unbelieveable. My atty knew this, but said well, he is the judge, you don't question a judge. and that I couldn't file again unless I went to the supreme court. Is this right??
I took this to my State Rep. showed it all to him, gave him copys of everything, & when I received mail from him, he said sorry I was unable to help, due to the case being closed by the time I got to it. I was unable to reopen the case.
HELP ME. Some days I can't even get out of bed .

Answer 1

"How to Appeal a Social Security Decision

If your claim is denied, you have the right to a hearing
The Social Security Administration (SSA) has just notified you that your claim for Social Security or Supplemental Security Income (SSI) disability benefits has been denied. Is there anything you can do? Yes there is.
When SSA decides your eligibility for benefits, they will send you a letter explaining their decision. If you do not agree, you have the legal right to ask SSA to reconsider your case. This is called an appeal. When you ask for an appeal, SSA will look at the entire decision, even those parts that were in your favor. If SSA finds their decision was wrong, they will change it.

When And How Can You Appeal?

If you wish to appeal, you must make your request in writing within 60 days from the date that you receive the notification letter from SSA.


www.SSDisabilityAppplication.com

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SSA assumes you receive their letter five days after the date on it. If that is not the case, you must be able to prove the date on which you actually received the notification.
How Many Levels of Appeal Are There?

Your appeal may be handled at any of three levels:


a hearing before an administrative law judge

a review by the Appeals Council; and

a review by a federal court
When SSA notifies you of a decision on your claim, they will tell you how to appeal the decision and at what level your appeal will be heard.

Can Someone Help With Your Appeal?

Yes. Many people handle their own Social Security appeals with free help from Social Security. But you can choose a lawyer, a friend or someone else to help you. Someone you appoint to help you is called your "representative." SSA will work with your representative just as they would work with you had you chosen to represent yourself.

Your representative can act for you in most Social Security matters and will receive a copy of any decisions SSA makes about your claim.

Your representative cannot charge or collect a fee from you without first getting written approval from SSA.

If you want more information about having a representative, contact SSA. They can give you a free factsheet, Social Security And Your Right To Representation.

The Hearing

If you disagree with SSA's initial decision, you may ask for a hearing on the "disability" issues of your claim, such as whether or not you are disabled, when your disability began, or whether or not it has ended. An administrative law judge who had no part in the first decision of your case will conduct the hearing.

The hearing is usually held within 75 miles of your home. The administrative law judge will notify you of the time and place of the hearing. You and your representative, if you have one, may come to the hearing and explain your case in person. You may look at the information in your file and give new information.

The administrative law judge will question you and any witnesses at the hearing. You or your representative also may question the witnesses.

It is usually to your advantage to attend the hearing. If you don't wish to do so, you must tell SSA in writing that you don't want to attend. Unless the administrative law judge believes your presence is needed to decide the case, he or she will make a decision based on all the information in your case, including any new information given.

After the hearing, SSA will send you a letter and a copy of the administrative law judge's decision.

Appeals Council

If you disagree with the hearing decision, you may ask for a review by Social Security's Appeals Council. SSA will help you ask for this review.

The Appeals Council looks at all requests for review, but it may deny a request if it believes the hearing decision was correct. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an administrative law judge for further review. You will receive a copy of the Appeals Council's decision or order sending it back to an administrative law judge.

Federal Court

If you disagree with the Appeals Council's decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.

How to Get More Information

You can get recorded information 24 hours a day, including weekends and holidays, by calling SSA's toll-free number, 1-800-772-1213. You can speak to a service representative between the hours of 7 a.m. and 7 p.m. on business days. SSA's phone lines are busiest early in the week and early in the month, so, if your business can wait, it's best to call at other times. Whenever you call, have your Social Security number handy.

People who are deaf or hard of hearing may call our toll-free TTY number, 1-800-325-0778, between 7 a.m. and 7 p.m. on business days.

All calls are treated with absolute confidentiality."

You also can reach SSA on the Internet at www.socialsecurity.gov.

Answer 2

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Answer 3

If you have run out of appeals, then you will have to start all over again. You will have to contact Social Security and re-apply, I am sorry that this happened to you it is truly unfortunate. I would also suggest looking into another attorney to represent you if you get denied again.
I would find out if you had another appeal, you usually do have a certain amount of time to file an appeal after seeing the Administrative Law Judge, and if your attorney failed to appeal on your behalf after seeing the Judge, you may be able to file a civil action against the attorney that represented you for malpractice. Good luck to you.

Answer 4

SS has an appeal process. On the local level contact a case worker and about the appeals process. You would be smart in obtaining an attorney. If you do not have funds, then cut a deal with the attorney for no more than 1/3 of the settlement. Something of something is better than 100% of nothing.

Answer 5

You can appeal it. My mother was going through the same problems and it took her almost 4 years to get her benefits. We lucked out and lived in an area where the system was inundated with judges willing to hear SSD cases. The paperwork showing that the judge had things wrong could work well for you.

Answer 6

it must be that many that have not earned it attempt! The final I knew, it replaced into 10 years in contribution. it somewhat is lots greater under Obama as he plans to take all of it away! If we glance at what he says, he considers it an extension of abortion.. removing people who must be non-contributers! The data are: in case you start up thinking approximately what could be supported as appropriate and rejecting what you already know is incorrect.. usa will see the easy and get out of this! yet, you voted for loss of duty to your strikes once you voted Obama! We see, via vote, you used excuse that some Pastors or Reverends supported what Obama did. This, a technique or the different, made incorrect, appropriate? the subsequent ploy via your enemy replaced into to apply his race.. did you undergo in suggestions this? all of us understand ninety 5% people could have elected an American African women people.. if we felt she replaced into good for the pastime! some voted race and not honor and substance.. for this reason you get lies! You get them from, no longer in basic terms Obama, yet Pelosi! The question is, will you provide them what all of us understand is incorrect, or enable them to easily go away interior the subsequent election? do we, as we declare to be a Christian united states of america, deny God and His be conscious, or say to heck with morals and duty, and use race as an excuse.. particularly people who placed their torso on the pulpit! Is God your handbook or yet another? You deny different adult males choose, and easily lie for race! I understand, yet usa is at stake.. help the freedoms you have.. we've equivalent rights and God says,, the previous.. who could make up for.. God bless usa and what we nevertheless have.. do no longer enable it bypass! Earl

Answer 7

yes you most certly can appear and usually it is not the same Judge I will keep you in my prayers. You might ask your lawyer about social security Icome which is different than ssd and you might be able to apple for welfare. theres ssd,ssI,and welfare try them all ask your lawyer keep me posted.

Answer 8

Social Security Disability Guide - http://DisabilityHelp.siopu.com/?atF

Answer 9

Yes, I know people that have done it & won. They just got a better lawyer.

Answer 10

you could appeal to a higher federal court - but if you have the money do that......