What is the name of your state? California
Here are the facts of my case:
A case I filed for SSI benefits in 2004 went before an Administrative Law Judge who in turn denied the claim in October 2006. My lawyer appealed to the Appeals Council. In the meantime I filed a new and different claim on December 29, 2006.
In March 2007 the Appeals Council voided the judge's denial and remanded the case back to her for reconsideration. They also ordered the judge to associate the files on these cases and to consider the filing on December 29, 2006 a duplicate and render one decision on both claims. My lawyer says these files get combined at the hearing which at this time is pending.
In the meantime the Social Security Administration approved the second claim (December 29, 2006) and I am scheduled to start receiving benefits on August 1, 2007.
My lawyer asked the judge to forgo the pending hearing and let the approval of the second claim stand alone in order that I might receive the scheduled benefits.
We are aware the judge has the authority to deny both claims.
My question is - Does the judge have the discretion to forgo a hearing and simply allow or stipulate that I get benefits that I am scheduled to receive on the second claim.
Here are the facts of my case:
A case I filed for SSI benefits in 2004 went before an Administrative Law Judge who in turn denied the claim in October 2006. My lawyer appealed to the Appeals Council. In the meantime I filed a new and different claim on December 29, 2006.
In March 2007 the Appeals Council voided the judge's denial and remanded the case back to her for reconsideration. They also ordered the judge to associate the files on these cases and to consider the filing on December 29, 2006 a duplicate and render one decision on both claims. My lawyer says these files get combined at the hearing which at this time is pending.
In the meantime the Social Security Administration approved the second claim (December 29, 2006) and I am scheduled to start receiving benefits on August 1, 2007.
My lawyer asked the judge to forgo the pending hearing and let the approval of the second claim stand alone in order that I might receive the scheduled benefits.
We are aware the judge has the authority to deny both claims.
My question is - Does the judge have the discretion to forgo a hearing and simply allow or stipulate that I get benefits that I am scheduled to receive on the second claim.