[KCMan]

After years of trying to get my SSDI I finally decided to look online for stories of others going through the same process. Gladly I found all of you. I just got a letter from the appeals council saying that they vacated the ALJ's decision and remanding it back to the alj.

Everything in the letter seemed very positive, saying that the jusdge didn't give any weight to the medical evidece and opinions of my doctors. The appeals council ordered the judge to give that evidence weight and give a new decision. The thing is, there is no supporting evidence at all that I could work. I have been unemployed since my injury occured, October 2005.

Since the appeals council orders the judge to give resolution to the evidence. To me this sounds like exactly what I need. All three physicians have stated that I am not able to do even sedentary work. Doesnt this sound like I should have a good outlook for my last hearing? Are cases that get remanded back to an ALJ from the appeals council more likely to win than loose? Appreciate any info, comments or advice you can give. I would also be happy to answer any questions about my case if anyone has any.

[legalmania]

Originally Posted by KCMan

After years of trying to get my SSDI I finally decided to look online for stories of others going through the same process. Gladly I found all of you. I just got a letter from the appeals council saying that they vacated the ALJ's decision and remanding it back to the alj.

Everything in the letter seemed very positive, saying that the jusdge didn't give any weight to the medical evidece and opinions of my doctors. The appeals council ordered the judge to give that evidence weight and give a new decision. The thing is, there is no supporting evidence at all that I could work. I have been unemployed since my injury occured, October 2005.

Since the appeals council orders the judge to give resolution to the evidence. To me this sounds like exactly what I need. All three physicians have stated that I am not able to do even sedentary work. Doesnt this sound like I should have a good outlook for my last hearing? Are cases that get remanded back to an ALJ from the appeals council more likely to win than loose? Appreciate any info, comments or advice you can give. I would also be happy to answer any questions about my case if anyone has any.

How long was your case in the Appeal Council? It sounds good to me at least they didn't turn you down. I had one remanded back and won, so I hope the same thing happens to you.I was just talking about this on another thread.

[KCMan]

I cant remember the exact date but it was somewhere in 2009 (seems like forever). I had written to my senator a couple of times and I thought it was significant theat they came back with a decision just after Senator McCaskill wrote her second letter to the AC inquiring my status.

I have read and reread this remand notice a hundred times by now and it just seems to me that they are basically telling the ALJ to approve me. Would you like me to email you the letter and maybe you can give me a more informed opinion? Thanks for the reply!

[legalmania]

Originally Posted by KCMan

I cant remember the exact date but it was somewhere in 2009 (seems like forever). I had written to my senator a couple of times and I thought it was significant theat they came back with a decision just after Senator McCaskill wrote her second letter to the AC inquiring my status.

I have read and reread this remand notice a hundred times by now and it just seems to me that they are basically telling the ALJ to approve me. Would you like me to email you the letter and maybe you can give me a more informed opinion? Thanks for the reply!

Yep it's about 15 months. They say they are tying to get it down, but I have yet to see it. Check your box I e-mailed you back.

[finz]

" All three physicians have stated that I am not able to do even sedentary work. Doesnt this sound like I should have a good outlook for my last hearing?"

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I would look closely at exactly what the physicians have documented......if they said it like that "He is not able to do even sedentary work" that is not sufficient for SSA. They have to explain, usually via a thorough functional capacity report, why you are unable to do sedentary work ie.....if you are only able to sit up for a few minutes at a time and then need to lay down, if you have no use of your upper extremeties, or whatever the reason.

You will also want to make sure that your documentation of your functional capacity 'matches' what the doctors have said. If your docs have said that you cannot do sedentary work, but you have written that you spend most days sitting on the couch watching tv or playing on the computer, SSA is going to wonder why you can't do a job that involves sitting down.

I wish you the best. I know how frustrating it is to wait for SSA's decisions.

[Rickey]

Originally Posted by finz

" All three physicians have stated that I am not able to do even sedentary work. Doesnt this sound like I should have a good outlook for my last hearing?"

******************************************

I would look closely at exactly what the physicians have documented......if they said it like that "He is not able to do even sedentary work" that is not sufficient for SSA. They have to explain, usually via a thorough functional capacity report, why you are unable to do sedentary work ie.....if you are only able to sit up for a few minutes at a time and then need to lay down, if you have no use of your upper extremeties, or whatever the reason.

You will also want to make sure that your documentation of your functional capacity 'matches' what the doctors have said. If your docs have said that you cannot do sedentary work, but you have written that you spend most days sitting on the couch watching tv or playing on the computer, SSA is going to wonder why you can't do a job that involves sitting down.

I wish you the best. I know how frustrating it is to wait for SSA's decisions.

Hi finz,
My lawyer had me to get an RFC form filled out by my doctor. When I took the form back to the lawyer, he almost fell out of his chair. All he would say is he couldn't wait to show this form and the medical records to an ALJ that is a friend of his. This only proves the fact that proper documents will make all the difference in the world.

[KCMan]

It is now March 26 and I still have not gotten a date from the ALJ. I was told that since it was remanded back from the AC that is would be pretty quick... Anyway, my lawyer is getting me the contact info for a specialist here in Kansas City on Tuesday. Hopefully I'll get an appointment before the date comes back from the ALJ. I have had my doctors fill out numerous RFC forms but I guess I'll just have one more done from a specialist. I'll let everyone know how everything turns out.

[Rickey]

Originally Posted by KCMan

It is now March 26 and I still have not gotten a date from the ALJ. I was told that since it was remanded back from the AC that is would be pretty quick... Anyway, my lawyer is getting me the contact info for a specialist here in Kansas City on Tuesday. Hopefully I'll get an appointment before the date comes back from the ALJ. I have had my doctors fill out numerous RFC forms but I guess I'll just have one more done from a specialist. I'll let everyone know how everything turns out.

I don't know how long you have been waiting but all I can do is tell you what I did. Don't sit and wait for a lawyer to make things happen. Call the adjudication and appeals office your self and pester the hell out of them. I did this after I sent in the letter of dire need along with cut off notices on the light bill and phone bills.
This may not work for you but it did for me. You need to remember that the longer your case is dragged out, the more money the lawyer makes. I got to the point that I was calling them at least once or twice a week and finally the lady handling my case hand delivered my file to the attorney that approved it.

[mzmsavage]

Hi, I have been waiting on adecision from appeal council for 14 and a half months and would like to know what it mean when they say you should hear something in 14 months but some cases can be longer doue to specific circumstance? And have anyone won with the appeal council without there case been remend back to judge but already been approve on second claim while waiting on appeal council?

[middletownd9]

Well where to start, in oct of 2007 i was hurt badily on the job, (back) had major surgery in july of 08, (rods harware etc,) the surgey failed. (50+ yrs old), i aplied for ss disabilty in jan of 09. of couse turned down the went if front of the alj in sep of 2010. and denied a 2nd time,( rec,d that notice in dec 2010) appealed to the appeals council (falls church va) jan 2011 i just heard back from them (aug 2012) yes you are reading this right (19 months) and they remanided back to the alj for another hearing. so now i have to go back if front of the alj. will not mention the alj name but dover delawares turn down rate is 1 of the worse in the country and the best part of this is becuase it has been so long if i lose again i WILL NOT be able to reapply again. also just to let you know that the workers comp board found me TOTAL DISABLED a long time ago. even the company doctor has stated that i will never ever be able to do my job EVER again. (utitly construcion) please pardon my spelling.i do feel very sorry for the people who do get hurt and have nothing coming in, i do get 66% of what i made but i still lost a lot of money and still have 100% of my bills when i got hurt. so wish me luck and time will tell. i do understand that some people do apply who can work and try to screw the system but this alj just disregared most of my doctors ( 3 doctors) testimony. i would give everything to be able to go back to work but i just cannot, (use a cane, tens machine pain meds steriod patches) when i had my surgery in july 08 i was suppose to be in the hospital for 3 days, well stayed there for 10 days to to complications. no MORE cutting on me. well that is the jist of my story i could go on and on but that is the nuts and bolts of it. i trluy wish every1 good luck on dealing with social security.