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Old 06-11-2013, 12:22 PM
 
548 posts, read 771,782 times
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I had applied for SSI last year and now I got the paperwork saying my decision was unfavorable and that I have to turn in a form called a Request for Review to the Appeals Council for review.

I did get a lawyer and everything I got the lawyer that specializes in the SSI cases and yet he was unable to win me my case.

I was wondering if anyone has ever gotten this far into the SSI stages and what happens during this stage and what happens afterwards?

How many of you were granted SSI on the first try?
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Old 06-11-2013, 01:47 PM
 
Location: Interior AK
4,729 posts, read 8,364,401 times
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Very few people are awarded SSI (or SSDI) on the first try. It is standard procedure to deny all first-time applications, although they should inform you why it was denied (don't meet criteria, not enough evidence, etc). Most people have one or two appeals for council reviews prior to being awarded. Your lawyer should only get paid when you receive the award (at least this is the most common advocate arrangement), so he should keep filing the appropriate appeal paperwork.

Once the appeal is filed, with any additional supporting documentation, it will be reviewed again. Nearly 50% of claimants will be denied again. If this happens, you can file another appeal to have it reviewed by a judge. If you meet the criteria and have sufficient supporting evidence, most people are awarded at this stage. This whole process can take over a year, so be patient even though it's difficult.

Be sure to document ways you are attempting to be more self-sufficient and reduce expenses; this is often viewed favorably by reviewers as it shows you're trying to do as much as you can, but need some help.
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Old 06-11-2013, 07:48 PM
 
548 posts, read 771,782 times
Reputation: 204
This isn't my first time. This is my second time applying. The first time I didn't go as far as I am doing now. And my lawyer is done with me he didn't win me the case so he is done. Now it's the SSI appeals council to look everything over and decide.
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Old 06-11-2013, 08:13 PM
 
Location: Interior AK
4,729 posts, read 8,364,401 times
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If you filed before, were denied, and didn't appeal but instead re-filed then it's treated like a whole new application and you start over from the beginning.

Your lawyer quit? Or did you fire him? Did you have an arrangement where he didn't get paid until you were awarded your benefits? Dealing with SSA can be very difficult and time-consuming without an attorney or advocate. Hopefully things will work out for you during the Council Review.
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Old 06-11-2013, 08:15 PM
 
Location: North Beach, MD on the Chesapeake
32,104 posts, read 39,155,933 times
Reputation: 40510
Quote:
Originally Posted by napy666 View Post
I had applied for SSI last year and now I got the paperwork saying my decision was unfavorable and that I have to turn in a form called a Request for Review to the Appeals Council for review.

I did get a lawyer and everything I got the lawyer that specializes in the SSI cases and yet he was unable to win me my case.

I was wondering if anyone has ever gotten this far into the SSI stages and what happens during this stage and what happens afterwards?

How many of you were granted SSI on the first try?
Have you stopped to think that if your lawyer couldn't get you SSI then maybe you really don't qualify?
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Old 06-11-2013, 11:15 PM
 
548 posts, read 771,782 times
Reputation: 204
I do qualify for it though and he does qualify for these cases.
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Old 06-12-2013, 12:46 AM
 
Location: Interior AK
4,729 posts, read 8,364,401 times
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To be fair, needing assistance doesn't necessarily mean you're not trying to be self-sufficient. Getting to the point where you can be self-sufficient can be quite expensive. And if a person is unable to consistently work in way that would be adequate to meet even the lowest poverty conditions, they'll need some help getting on their feet. We don't know what the OP's situation is, and it's really none of our business... so I'll take it on faith that they're trying to take care of themselves but aren't able to due to circumstances beyond their control.

Quote:
Originally Posted by MissingAll4Seasons View Post
Be sure to document ways you are attempting to be more self-sufficient and reduce expenses; this is often viewed favorably by reviewers as it shows you're trying to do as much as you can, but need some help.
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Old 06-12-2013, 06:14 AM
 
Location: high plains
479 posts, read 675,648 times
Reputation: 433
all lawyers are not equal. some are just plain better than others. some have been around long enough to have better contacts and relationships with judges. all of them do like to reap the most possible rewards with the least possible effort, like many of us. might be that you just got the wrong lawyer or else there could be something in your profile that makes things a little more difficult for a judge appeal. for instance, a combat veteran or a single mother might have an easier time going in front of a judge.
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Old 06-12-2013, 12:24 PM
 
Location: Vermont
10,089 posts, read 10,604,044 times
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Maybe you know this already, but for the benefit of the OP or others, here's the way the process works:

First you apply. If you are denied you can file a request for reconsideration, which means that another person within the Social Security Administration will look at your case and make another decision. If you are still denied you can request a hearing with an administrative law judge (ALJ). This is the only chance you will have to have an in-person appearance with the person who will be deciding your case; you also have the opportunity to present new medical or vocational evidence, and your attorney has the chance to make legal arguments and cross-examine a vocational expert if a VE testifies at your hearing.
If you are denied by the ALJ you can appeal to the Appeals Council, which will review the case based on the evidence presented to the ALJ; the Appeals Council can either reverse or affirm the ALJ's decision, or remand it to correct any error it determines the ALJ made. If you are still denied you have the opportunity to file a complaint in the United States District Court for review based on the law and on the evidence presented at the ALJ hearing.

If denied at initial application your best chance of success is at the ALJ hearing.

I don't know what you mean when you say this:

Quote:
I do qualify for it though and he does qualify for these cases.
I gather that you think you meet the eligibility criteria, but it sounds as though a number of decision makers have already disagreed with you. I don't know what you mean when you say your lawyer "does qualify for these cases". If your next step is to go to the Appeals Council it won't hurt to file, but I agree with the poster who said that your chances are probably not better without an attorney than with one.

Good luck, and I hope this helps.
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Old 06-12-2013, 01:05 PM
 
548 posts, read 771,782 times
Reputation: 204
I did have a lawyer ok. And as I said he does qualify for these type of cases, he does win SSI cases he just couldn't win my case. And I am already at the Appeals Council stage and just wondered how long it takes before I hear back it has been a few months now.
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