Appeals counsel approved
 

well got some good news yesterday ...well I think ..my lawyer called and said the appeals counsel approved my case to go back to another judge to be reviewed due to the first judge not looking at all of the medical evidence...now we are just waiting on another court date ....man I hope it goes threw ....

I hope it goes through for u too :)
 

Is this called a remand?
 

Hi NOS455,

The appeals process, after initial denial, you had an ALJ hearing and were denied? Then appealed to the appeals council and then sent it back to the ALJ level for another hearing?

From what I have read and heard, almost nothing gets approved at the appeals council level. It is either denied there and then you can move to Federal court OR they send you back to ALJ level.

Sounds like you have hope since they did NOT deny you and have returned you to another ALJ hearing. I am wishing you the best. How long will you have to wait for your new hearing? Any idea? Are you guarenteed a different ALJ?

Please keep us posted. Good luck to you.

Yes I was denied at the ALJ and then my lawyer appealed it to the council... as far as a new date as of now we have no clue ..and also we don't know if it will have the same judge ...I have alot of evidence from Dr.s on my case ...the first judge that herd my case from what she wrote on the in the paperwork they sent me she didn't read 3/4's of my medical reports ...I don't know.. I wish it was over ...I singed up in 2011 after my Dr. told me my condition was not going to get any better ...I have brain damage and PCS along with a whole list of other problems I can't spell .... :mad:

Well got another letter they are now sending me to another dr. for a neurological exam for the 2nd time ....now this is after the appeals counsel aproved it to be reviewed again because they didn't look at all of the med evidence...man how much longer can this go on ,,,:confused:

Dear NOS455
 

he's not saying much ....:mad:

Technically you were not approved, your case was remanded, just to clear up any confusion. ;)

Time to start asking/demanding answers from him....

Is he sure that your medical documentation proves total disability ? You can have mountains of records but if they don't say what the SSA wants to hear, how they want it said, it's tough to get approved. They often send applicants to an SSA doc because the medical evidence in the application is inconclusive regarding total disability. If your lawyer has worked with a lot of SSDI cases, he should know how your documentation stacks up. Ask him where you stand on that issue.

Good luck getting through the process and getting a good outcome.

Thank you ...yes i have 2 dr's reports saying im disabled ...i got another letter today i have to go for a neuro exam Tuesday ...

A report stating that your doc has determined you're disabled is not sufficient. Unlike state short term disability or WC temporary disability where the doc makes the decision, a determination of eligibility for SSDI/SSI is a complex medical legal evaluation. Most docs don't understand this.

but it helps.

Here is the best link to describe what SS needs from your docs in order for them to give full consideration to their reports. http://www.ssa.gov/disability/profes...ers-pub042.htm

I think the whole thing is a joke I worked 27 years as a heavy equipment mechanic never been on any gov assistance of any kind made over 55 grand a year ...and this happens and I have to fight tooth and nail to get it ...it's ******** ..IMO they should send a dam case worker out to stay with people to see how they really live ...both my dr's told me to sing up on disability and this is the out come I have lost just about everything I ever worked for can't afford the meds the dr's give me ....ha ha ...yeah ..there booklet ..of what they want ....sorry I had a rant ...not towards anybody I just had to get it off my chest ...:mad:

From SS's perspective they prefer evidence that is not subjective. Sending caseworkers out wouldn't accomplish much because many people are good at faking the severity of their disability for short periods of time.

Personally, I think Functional Capacity Evaluations should be mandatory for most applicants (unless they'd qualify by meeting a listed impairment that wouldn't require one). Providing a FCE may very well mean the difference between a relatively fast approval or a long drawn out battle such as you're experiencing. http://www.avvo.com/legal-guides/ugc...th-ssdi-claims

THAT was the shortest exam I have ever been threw ...the paperwork said to bring all meds ..the dr walks in with a piece of paper with writing on it some things underlined he was short and sweet ..walk here follow my pin put your head back and close your eyes and of course I fell and he caught me he said that's it the Gov will be in touch with you ...less than 5 min's ...WOW ...I said I brought all my ..he cut me off and said I don't want to see anything ...:confused:..anyone ever been threw that before ..

No one ...?

when I went to see SSA's doctor he literally had me walk for 3 seconds bend over walk a line and then sit and stand up he eventually wrote up a report that i was fine and could do any physical job :(

Good Morning NOS455 :)
 

Thanks for the support I can't give up I have no choice ....:mad:

Good morning NOS455 :)