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-   -   Appeals Council (https://www.neurotalk.org/social-security-disability/219882-appeals-council.html)

Rayandnay 05-06-2015 03:03 PM

Appeals Council
 
This has probably been asked before, under what circumstances does the appeals council make a favorable decision themselves rather than remand, what would be the parameters of the case?

LIT LOVE 05-06-2015 06:50 PM

It's at their discretion and this link states that the AC issues Fully Favorable decisions in only 3% of appeals. http://www.disabilitysecrets.com/appeals-council.html

Rayandnay 05-06-2015 11:38 PM

So simple
 
Quote:

Originally Posted by LIT LOVE (Post 1140608)
It's at their discretion and this link states that the AC issues Fully Favorable decisions in only 3% of appeals. http://www.disabilitysecrets.com/appeals-council.html

Lit, it seems so simple, ALJ makes error, it would have qualified for otr, appeals council can make favorable decision. What am I missing? Remands only infuriate aljs, it's not a teaching tool, for me a 3rd remand is nothing but a joke.

LIT LOVE 05-07-2015 12:40 AM

Quote:

Originally Posted by Rayandnay (Post 1140662)
Lit, it seems so simple, ALJ makes error, it would have qualified for otr, appeals council can make favorable decision. What am I missing? Remands only infuriate aljs, it's not a teaching tool, for me a 3rd remand is nothing but a joke.

Just because an ALJ makes a technical legal error does not mean that the applicant has proven that they qualify for SSI or SSDI. The AC has to find only one single error made by the ALJ to order a remand, the AC generally does not evaluate how close or far an applicant is to proving they qualify.

When an applicant receives a remand it gives them another opportunity to prove that they qualify under SS's strict medical and legal requirements for disability benefits.

You always seem to think that the SS employees are emotionally invested in the outcome of your case. I highly doubt your ALJ, let alone the vast majority of ALJs, get infuriated when the AC remands a case. They're simply following the law as they interpret it.

Rayandnay 05-07-2015 03:06 AM

Lowest in country
 
Quote:

Originally Posted by LIT LOVE (Post 1140668)
Just because an ALJ makes a technical legal error does not mean that the applicant has proven that they qualify for SSI or SSDI. The AC has to find only one single error made by the ALJ to order a remand, the AC generally does not evaluate how close or far an applicant is to proving they qualify.

When an applicant receives a remand it gives them another opportunity to prove that they qualify under SS's strict medical and legal requirements for disability benefits.

You always seem to think that the SS employees are emotionally invested in the outcome of your case. I highly doubt your ALJ, let alone the vast majority of ALJs, get infuriated when the AC remands a case. They're simply following the law as they interpret it.

when a ALJ denies over 80% of her cases compared to national average of 42%, you tell me why the vast difference? And why the high remands? I'm just hoping my bias complaint produces something.

LIT LOVE 05-07-2015 03:26 AM

Quote:

Originally Posted by Rayandnay (Post 1140677)
when a ALJ denies over 80% of her cases compared to national average of 42%, you tell me why the vast difference? And why the high remands? I'm just hoping my bias complaint produces something.

Well, an ALJ might take a bias complaint personally. Did you run that by your attorney before doing it?

Being assigned an ALJ with a low approval rating is not ideal, but if you are approved at some point, it will likely be from a ruling of an ALJ.

Rayandnay 05-07-2015 10:42 AM

Move
 
Quote:

Originally Posted by LIT LOVE (Post 1140681)
Well, an ALJ might take a bias complaint personally. Did you run that by your attorney before doing it?

Being assigned an ALJ with a low approval rating is not ideal, but if you are approved at some point, it will likely be from a ruling of an ALJ.

I think that's possible if I move to another state, there are dozens of stories where others have been approved sooner than later by just moving. It's mind boggling that 4 out of 6 judges are in the high 20s in approvals. I always think, what if it were the other way, they approved 70% of their cases, red flags would be everywhere. Queens, New York wasn't this obvious.


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