Appeals Council Just Remanded Back to ALJ
 

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.

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.

" 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.

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.

Still Waiting
 

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.

waiting to hear from appeal council
 

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?

it takes forever
 

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.

Appeals council remand
 

Has anyone ever tried an on the record or attorney advisor decision on a remand? I'm reading my remand order and letter sent to my congressman, and the instructions are for a new decision, I keep asking, but no one can give me a straight answer as to what that means.

Sorry, but your question is a little confusing. It is not uncommon for an ALJ to make a Fully Favorable decision on the record during a hearing.

When a case is remanded you return to an ALJ based upon the Appeal's Council finding an error with the previous ALJ's decision. This allows you obtain new evidence and have a second chance. The wait period for a new hearing depends on your area.

And please read Finz's response in this thread!!! If you need help understanding how the process works, check out a NOLO guide regarding SSDI from the library or purchase a copy.
The Appeal's Council can also give you a Fully Favorable decision, but that wouldn't be a remand.

If I missed a key component of your question, I apologize and I'll try again if you could rephrase your question.

KC, I also had my appeal remanded back, it took about three months to get the hearing. I had the hearing on 11-30-12 I am still waiting for the desicion. I don't know if you have a better chance with a remand just another shot to pled your case and provide more evidence. I had some terrible luck, Social Security sent me to a medical exam before my hearing and I saw the doctor for no more than 4 min. and he did'nt even know I had 2 prior back surgery's, and he stated I could do almost anything. including CRAWLING. I told him I can't even tie my own shoes, and he said I can climb latters, walk for 4 hours, on and on. So my hope is for being approved is very slim. I wish you the best of luck.

You'll have to appeal yet again if you receive a denial based on that report. Unfortunate,
I know.

Remand order from appeals council
 

If the appeals council remands a case with the orders of issue a new decision, what are the chances the alj will give old decision, thereby defying the appeals council order? Doesn't this just waste time and money? New here!

Binder and Binder
 

I am with this firm, at present, they are preparing my remanded case for an on the record decision, what kind of people prepare these arguments? How sucessful are on the record requests?

The Appeal's council has the authority to rule in your favor, so I think you're reading too much into this. By virtue of remanding, it will demand a new decision. Maybe approval, maybe denial. The ALJ must follow the Council's instructions regarding the issues presented to them, but this will not mean an automatic approval.

My lawyer did the on the record request for me, and he told me they almost never approve someone at this level. And they did'nt. I am not sure who is working with you, If its a law firm a lawyer will work on it. If its not a law firm there is no charge to get a lawyer, they get paid when you do.

Remand order
 

Then why tell me, my congressman, my attorney, anyone that will listen, that we have remanded this case for a new decision? March 2013 will mark 7 years of trying, in 4 years I will be eligible for social security. My point, at 57 years old, doesn't that make it easier to qualify? I'm hoping my otr will be granted

Otr
 

Is that after a case has been remanded by the appeals council? That's my situation.

Let's say the ALJ denied you on based on three things. The Council decided he was incorrect about item 1 & 2. At the remand, he must take their decision and apply it. It also doesn't mean that the ALK proceeded through all the steps. As soon as he found sufficient evidence to deny you, that was it.

You have the burden to PROVE your disability. This is a complex medical/legal evaluation. You are getting another opportunity to do so.

The ALJ must provide a new decision but it's not necessarily a slam dunk approval. You proved the ALJ made an error of law, you did not prove your case should have been approved--either partially or fully.

I only understand this because I represented myself and dug in to learn how the system. I hope this was a clear enough explanation. If not, maybe someone else can do a better job.

The requirements are reduced slightly at 50 and 55, but this may not help you. Many have agreed to change their onset date, so that they'll be approved when they reach age 50 or 55. With that many years of trying to get approval, you would not only lose a heck of alot of backpay, but you may not even still be eligible if you haven't worked this entire time. Your attorney should be able to address this.

And getting outside help generally just speeds the process up and nothing more. I posted some links and explanations on pg 5 of the sticky "Don't start your application unprepared." that may help you. If you dig through Janke's posts, you'll learn a wealth of information.

Denied
 

Basically everything he denied me on, the appeals council addressed, he wouldn't listen to social security's own doctors, the entire hearing was a waste, and that was 2 years ago, it so sad, most of us have worked all our lives and now we are reduced to begging.

Process
 

I started the process in 2006 at 50 years old, 4 more years I will be 62, 7 years has to be a record, or closing in on one. Can you get backpay if the appeals council turned you down the first time?

If the Appeal's Council turned you down, then you would have had to go to federal court or start a second application.

And that's definitely not a record.

I'm curious why you haven't attempted to learn how the approval process works in all that time???

Learning curve
 

I've been working with Binder and Binder since 2006, stopped working in 2006, been to 2 aljs, have read mountains of information on appeals process, just seeing if I am missing something, and with my second time around with appeals council and subsequent remand order for new decision, if there is reason for hope this time. By the way, I filed papers on my own to federal court, because I didn't know what I was doing, I let it go, even after paying upfront fee, I thought I was protecting my onset date, I'm not sure. Then Binder and Binder started new application.

Hmm. Ok. Well, if you filed the Federal Case and started the 2nd application prior to the rule changing that you could no longer concurrently pursue both, and you're still waiting for a Federal Court date, and have filed everything required in a timely fashion, than you were hypothetically protecting your onset date. The law changed in July of 2010, I believe. I can scrounge up the date if you need me too... If you let the Federal Court case lapse, this is a moot point.

Instead of focusing on the appeal, at this point you need to focus on providing the needed information to prove you're severely disabled enough to qualify for SSDI. Please read my posts and links on pg 5 of the sticky "don't start your claim unprepared."

In theory your attorney should handle everything you need to prove your case. In reality, they don't want to spend the time for the difficult cases. In many ways, I think using non-attorney SSDI reps are often a better choice.

My case was drawn out longer than yours, and I received a Partially Favorable Decision with an attorney, and then won a Fully Favorable decision with a 2nd application before an ALJ. Severals things held up my approval... When I finally sat down and went through the step by step process SS uses to determine disability, it became very clear that I had focused on things I thought were important, as opposed to addressing what SS cared about--some of which was not at all logical.

You're getting another opportunity to bring new medical evidence to the ALJ. Don't squander it. You REALLY need to know what onset date you're arguing. And even if you let the 1st application lapse, it does become a part of the record, so be prepared to address any issues from it as well.

Good luck.

Great stuff
 

Thanks, good stuff, I don't know your situation, but isn't this the saddest and most pathetic process you have ever seen. Sometimes I wonder why I worked 36 years in a row, only to be treated this way. But then I realize, you can never go wrong doing the right thing. This whole process needs to be overturned, but that will never happen with grown men and women who are millionaires more concerned about party ties rather than human suffering. I'll just wait and see what happens, I guess having the Appeals Council vacate the alj decision is a good and rare thing.

You may want to look up the statistics for your state, etc. http://ssdfacts.com/

AC remand
 

My attorney filed her breif on December 12, 2014 and the AC remanded and vacated the ALJ decision on December 23, 2014. I'm being told no one has ever heard of this happening before. Is this good news? Also the original ALJ is no longer on the bench

Someone told you the AC does not remand and vacate decisions?

It is very, very common and the decision is called "de novo".

http://www.ssa.gov/OP_Home/hallex/I-02/I-2-8-18.html

Or, was the surprise that the decision happened so quickly? Cases from that ALJ might go to the "top of the pile" perhaps?

Remands
 

I've had two remands from appeals council

Remands
 

I have to admit, that was a quick turnaround.

Remands
 

This back and forth between the appeals council and ALJ reminds me of a favorite expression by someone called DP on a Russian forum, "send in the clowns"

The surprise was that it was remanded in 11 days. I'm being told that is unheard of

It's best not to get hung up on details like this that you have no control over.

The remand means that the AC believes the ALJ made a legal error. Now, you'll have another shot before a new ALJ, and you can even get new documentation if needed before then. If you meet the requirements for a Listed Impairment, there is a chance you might even be approved via an OTR decision before being scheduled for a hearing.