Hear Disability Attorney Thomas O'Brien weigh in on the difficult choice between pursuing appeals beyond the ALJ level versus starting a new case. Click below for the Fox-5 Atlanta I-Team Report, and read below the video story for Thomas' talking points about this difficult decision.
| Why File a request for Appeals Council review? |
| • A new case might not be an option because Claimant is no longer insured for disability (DLI) |
| • Claimant does not want to lose a few years of back benefits |
| • All original records would be considered, and not as usable in a new case |
| • Claimant is still generating new persuasive evidence that "relates back" to conditions considered in original filing |
| • A good hearing may have resulted in good issues for appeal |
| Why start a new claim? |
| • Might be able to file a new case prior to insurance lapse date (do not want to miss DLI) |
| • Claimant may be past age 50 during a new filing |
| • Can submit new evidence of new diagnoses (as well as ongoing care for old diagnoses) |
| • New sets of eyes on the case, and potentially more favorable odds |
| • High chance of losing at AC, meaning a loss of an additional delay in starting a new case |
| • A win at AC often means appearing again in front of denying judge |
| • The Appeals Council's scope of review is primarily to evaluate legal or procedural errors, and determines if evidence was properly considered |
| • Any new evidence at AC must "relate back" |
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