Social Security Disability Appeals Council. Moving and questions about + difficulties

Asked about 2 years ago - Baltimore, MD

Hi, great site here for legal ?s.

Attorney on our case in front of ALJ (or should I say, soon-to-be former atty) wants me to file Appeals Council case with her.
Can't because family in another state (well over 800mls away) is offering to let us stay with them.

So while this plays out there are some questions I'm needing help with:
1) I know I have more than one condition. I was diagnosed with Schizoaffective Disorder. Would seeing another Psych on my own help me deal with those probs? I think the Appeals Council needs to know I was not given the best care to deal with my probs. ALJ turned me down said that "you did not make reasonable attempts to get care in the past", but I did! That state limited our resources + the doctors they sent me to barely were acceptable.

Additional information

2) Because of my financial condition, NOT i repeat NOT because of another reason, will the A. Council make us go 800+ miles back to the original city? I certainly hope not. Absolutely I need to know this.

3) Will the Appeals Council or a future ALJ punish me for moving from cities, in order to find housing because cannot file in THIS city where the case began?

Thank you!

Attorney answers (4)

  1. Brian S Wayson

    Contributor Level 19

    6

    Lawyers agree

    Answered . I would discuss these issues with your attorney, that is what you hired her or him for - he or she is in the best position to assess your case and advise you.
    None of us here on Avvo have seen anything about your case so it is really impossible for us to advise you regarding (1) - favorable medial records always help a case, unfavorable medical records do not.
    (2) Social Security is federal, where you live doe snot really matter as far as timing goes or where your case will be heard - there are 75+ hearings offices around the country, you will assigned to the one covering your zip code, no matter where you live. There would be no Appeals Council hearing - it is just a paper process with written arguments from your attorney.
    (3) Change of residence is not grounds for a denial of disability.

    Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice,... more
  2. Gerald Gregory Lutkenhaus

    Contributor Level 18

    5

    Lawyers agree

    Answered . I would only add that Appeals Council (AC) appeals take 18 months. While you appeal to the AC you cannot file a new claim. If you have a new evaluation that proves disability, then you may want to file a new claim because it may very well not be considered as evidence of your condition prior to the ALJ hearing.

    This response is meant to be information only and should not be considered to be legal advice. This information is... more
  3. Michael Alan Ferry

    Contributor Level 9

    4

    Lawyers agree

    Answered . 1. You don’t need to get a new attorney to pursue a request for review to the Appeals Council. As Mr. Wayson said, an appeal to the Appeals Council is done on paper. It doesn’t matter where you live. If the request for review is granted, and your case is remanded (sent back) for another hearing, the new hearing will be held in the area where you are then living. That’s when you might need a new attorney, assuming your old one doesn’t do hearings in your new location. Since your current attorney knows your case well, and wants to continue, I would suggest continuing with her as long as you are satisfied with the quality of her representation.

    2. No. As mentioned above, any new hearing will be held in the area where you then live.

    3. No, neither the AC nor a future ALJ is likely to punish you for moving to a different city. In fact, there’s a possible benefit. Your new hearing would probably be in front of a different ALJ than the one who turned you down.

  4. Yolanda Navarrete

    Contributor Level 20

    3

    Lawyers agree

    Answered . You can move but the case will be transferred. In my opinion it would be best to reapply. If you want help, feel free to call me.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more

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