Legal Question in Social Security Law in California

I was denied social security by administrative law judge. I have been disabled for 7 years and unable to return to work. my doctor says I am disabled and unable to return to work. does the 7 years give proof that I have some kind of condition that prevents my return to work or is it case closed because I didn't appeal or can I open a new case and present that as evidence of my disability.

Asked on 8/09/13, 3:44 pm

1 Answer from Attorneys

Jonathan Pena Law Office of Jonathan O. Pena

The answer to your question may depend on when you were denied by the ALJ. You have 60 days (plus 5 mailing days) to file a Request for Review of the Hearing Decision with the Appeals Council. The Notice of Decision should have the information on where to send your appeal. You could also go down to your local Social Security office and file it there (but make sure to get a copy or proof of the appeal).

If 60 days have already passed, you may still be able to file an appeal if you have a very good reason as to why you waited more than 60 days (mail was lost, you moved, you were at the hospital, etc).

You also have the option of filing a new application. However, you may lose any prior benefits if you file a new application. You should contact a Social Security disability attorney to evaluate your case right away or contact NOSSCR for a list of attorneys in your area. You can also contact your local County Bar Association.

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Answered on 8/09/13, 4:09 pm

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