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Author Topic: When can evidence be/not be added? Can it be added if file is in Appeals Council  (Read 305 times)

KM

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I got a call from SSA as it appears my Senator ruffled them a bit. For the first time someone was able to verify my case is sitting in AC and has been since late last year. I recently had some new evidence. Can it be used at this stage or would I have to wait for it to leave appeals in the hopes of a remand? (My lawyer was sent this question in email. I expect to possibly hear from her a week after being final denied) I asked the caller to make any notes possible of my new evidence in hopes of someone actually paying attention as well as my recent dire needs issues. I know the dire needs must have proper paperwork, but I took an opportunity to hopefully have something noted in their system. She was either rattling a bag of marbles or very busy typing as we spoke, so...

Lit Love

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Many factors are involved whether or not new evidence will be considered, and when. 

Your evidence must prove you qualify prior to your Date Last Insured (DLI) and preferably at your Alleged Onset Date (AOD). 

Even with a remand, the AC can order the ALJ to focus to a specific technical error/s, or they can order a full new hearing.

Sometimes new evidence submitted after an ALJ hearing will only become a factor if the case proceeds to federal court, but you should still submit asap, regardless.
 

KM

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The evidence in question is the test which revealed SPG4, which shows I was born with a specific disorder versus the generic Spastic Paraparesis which has been on record since the early 2000s. My DLI is still a ways in the future. I may be able to present another test to confirm a recently suspected enzyme deficiency which hasn't been previously diagnosed, but plays a huge part in my lack of response to pain medication related to joint issues, muscle pain, and other ailments on file for many years past which has been a problem with no answers until recently. Whether I beg to come up with the money to pay for this hinges on whether it could be admitted.

Just Me

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Dire need won't have any affect at this stage. At other stages, it is best to send proof of the Dire Need situation you are claiming. Sometimes it might speed a hearing up a little. But, not always. Dire Need has no affect on the outcome of a case. It usually takes 2 years for the appeal council. If remanded and a hearing has to be held, it will take time for it to be scheduled. It doesn't take as long for a remand hearing as it did for the first one.
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