Thread: remand hearing
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Old 11-28-2012, 04:56 PM
bretd bretd is offline
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Join Date: Jun 2012
Location: muskegon, michigan
Posts: 130
10 yr Member
bretd bretd is offline
Member
 
Join Date: Jun 2012
Location: muskegon, michigan
Posts: 130
10 yr Member
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Quote:
Originally Posted by Bewildered View Post
Brett, I lost my first hearing and my lawyer immediately appealed to the Appeals Council. It was before SS changed their rule about not being able to file a 2nd claim and appeal concurrently. I was approved on the 2nd application and the 1st application was remanded, with the cases combined. When they remanded the case, they combined the 1st claim and 2nd claim, meaning the ALJ could actually make an unfavorable ruling and I could have lost everything. It was remanded to the same ALJ that denied it, who had the worst approval rating in the state. At the hearing, my attorney offered to amend the onset date. It was later approved with the new onset date. What helped was that after my 1st claim was denied, I kept up my regular doctor appointments and had additional diagnostic test results that supported my disability.
No ALJ likes to have their decision remanded, but in most cases of remands the judge is directed by the appeals council to consider the evidence neglected in the case. If the evidence supports your disability, you have a good chance. All I can suggest is try and keep a positive outlook, even though so much is on the line. Its easier said than done. I drove myself crazy. If your attorney can negotiate a new onset date that could help your chances.
Good luck and keep the faith.
We changed the onset date at the last hearing, and he still did'nt go for it. So I don't know. We just got back from court filing bankrupcy, who know's if that means anything to them people. day after tomorrow we will see.
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"Thanks for this!" says:
ginnie (11-29-2012)