The question of appealing an adverse decision by an Administrative Law Judge is a lot more complex now than it used to be. In the past we used to tell our clients to file a new claim while an Appeal was pending. Due to new policy, we can’t do that. In the event you file an Appeal, filing a new claim is prohibited. Because of the time frame involved, this greatly complicates the decision on whether to Appeal an adverse determination since from a practical perspective, one may have a better likelihood of winning a claim by refiling than by waiting to see the outcome of the Appellate process which can take well over a year. We discuss these cases in depth with our clients before making the decision either way.
