RESURRECTION OF A "DEAD" CASE

(a true Social Security Disability story)

A young man came to me for help getting Social Security disability.  He had a condition that caused both physical and mental symptoms.  His doctor told him there was no cure, and eventually he would die from the disease.  

He had applied for SSDI and SSI a couple of years before I met him.  Both claims were denied, as usual.  He had correctly filed an appeal and asked for a hearing.  He had no attorney or representative at that time.

The problem is, a hearing was scheduled but the claimant says he never got the message.  Not knowing about the hearing, he failed to appear.  The judge sent him a letter.  The claimant says he never got that letter, either.  We don't know why.  So, the judge dismissed the claim.  The claim ended, terminated right there. There would be no hearing; the case was dead.

Now, we would usually file a new claim and start over.  It would be a long delay but it would get us back in the game.  The problem was, this young man had not been able to work in a long time.  His SSDI eligibility period had expired.  He wasn't eligible to file a new claim. Old claim dead, new claim not possible.  Game over, or so it appeared.  

The administrative law judge who dismissed the claim had no power to reinstate it, even if he had wanted to.  It was now out of the judge's hands.

I decided to file an appeal of the judge's dismissal with the Appeals Council, a body that sits in Falls Church, Virginia.  I argued that the claimant suffered from severe physical and mental impairments and that he either did not receive his notice of hearing, or he didn't know what it was due to his severe impairment.  I argued that the withdrawal should be reversed and the claimant's hearing should be rescheduled.  Evidence was submitted to support my pleadings.

After about 120 days, the Appeals Council ruled:  It would rescind the dismissal and remand the case back to the administrative law judge for a hearing.  A "dead" case had literally been resurrected.  Not only did my client get his day in court, he also got to potentially keep all of his retroactive benefits--just as they would have been in the original application.  In short, he wasn't going to be penalized just because his case had been dismissed.  He was back in the game at the same place as when he got kicked out.

But, of course, we still had to win at the hearing.  About 3 months after the Appeals Council remanded the case, we attended a hearing.  It went well.  About 1 month after the hearing, the judge issued a Fully Favorable decision.  My client got a substantial amount of back pay, a monthly benefit, and Medicare to help pay for the complex treatment he needed.  

This could be one of the most satisfying cases I've handled.  A lot of clients in this young man's shoes would have given up, seeing this situation as hopeless.  A lot of representatives would never have taken this case because it just involved too much work and very little chance of a payday.  Today, I'm thankful that neither of us gave up.  A long, hard fight rewarded this claimant with the benefits he needs and deserves. 

The moral of the story:  Never, never, ever quit!