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-   -   Appeals Council (https://www.neurotalk.org/social-security-disability/134837-appeals-council.html)

brainfreeze 10-11-2010 09:01 AM

Appeals Council
 
I'd love to hear from anyone that has had to go this far. I've been denied at initial, recon and ALJ hearing. I did have an attorney at the hearing stage, but he sent his young and very inexperienced associate, said he sent him because he thought my case was a 'slam dunk'. NOT. I've gotten over my anger about this, but am again waiting, waiting, waiting. It's been about 3-4 months since my appeal has been filed. I've even contacted my congressman, who was very happy to help, and just sent my signed form and info back to him about 3 weeks ago.

Anyone else go through all of this? If you're in Wisconsin, that would be even better, but I'd love to hear from anyone. Thank you!

Hoosier_Daddy 10-11-2010 12:00 PM

I personally know someone that this has happened to. He had to wait close to a year before his case went to the appeals council. They looked everything over and told him the judge did everything right in his case and there was nothing they could do. So now he has started everything all over again. He is waiting at the initial level right now.

legalmania 10-11-2010 01:31 PM

I have done a couple of briefs with the Appeals Council and it took around 15 months, one case was sent back to the ALJ and the other case was overruled, in her favor. I read somewhere that they have gotten some cases done in seven months, maybe you'll get lucky and they'll get yours done soon, but you should be prepared to wait.

finz 10-12-2010 03:13 AM

Thankfully, I was accepted at the ALJ level, so I have no experience with the Appeals process.

Did the ALJ give you any specifics about their reasoning for the denial ?

Waiting isn't easy, but try to hang in there !

legalmania 10-13-2010 01:27 AM

Quote:

Originally Posted by brainfreeze (Post 703429)
I'd love to hear from anyone that has had to go this far. I've been denied at initial, recon and ALJ hearing. I did have an attorney at the hearing stage, but he sent his young and very inexperienced associate, said he sent him because he thought my case was a 'slam dunk'. NOT. I've gotten over my anger about this, but am again waiting, waiting, waiting. It's been about 3-4 months since my appeal has been filed. I've even contacted my congressman, who was very happy to help, and just sent my signed form and info back to him about 3 weeks ago.

Anyone else go through all of this? If you're in Wisconsin, that would be even better, but I'd love to hear from anyone. Thank you!

Did your attorney send you a copy of your denial? It should have been a very detailed explanation. It should explain why you were denied, with legal as well as medical reasons you were denied. The ones I read have had what was said at the hearing and the ALJ opinions.
They usually go through the five guidance steps and at what steps you prevailed and where you failed. I have found some of these briefs to be so controversial. I even found someone else's medical records were mixed in with my clients. With the two I did, I found numerous mistakes, then I read that the briefs are written by paralegals. I'm a paralegal myself but I would have been embarrassed to hand in something with some many contradictions and mistakes. They had wrong dates, missing doctors, wrong patients. I won both cases buts it's such a hassle and should have never been denied. It just ended up costing SSDI more money, and my client more time without benefits. I really hope I don't have to do another one.

Ladysheets 10-13-2010 11:58 PM

I have been through it all too. I was denied all the way through the hearing level and had to reaply again from the begining.

I have now been waiting 17 months for a heaing! Alaska is really slow and backed up i hear. Its just awful what all you have to put up with when your disabled and worked all your life and cant get your money or medical care you need.

FAUTH 09-24-2014 03:22 AM

Alj
 
Been on this roller coaster since 2009 3 hearings with a alj, and a 4th supplemental hearing with alj, denied at all 4 hearings, lawyer appealed decision and now going to federal! not giving up we get a new judge so hopefully things will go our way this time. My lawyer on top of things.

Rayandnay 09-24-2014 08:44 AM

Appeals Council
 
Quote:

Originally Posted by legalmania (Post 703509)
I have done a couple of briefs with the Appeals Council and it took around 15 months, one case was sent back to the ALJ and the other case was overruled, in her favor. I read somewhere that they have gotten some cases done in seven months, maybe you'll get lucky and they'll get yours done soon, but you should be prepared to wait.

Mine's took about 8 months, it was my 3rd trip before them, I wonder what's the record for going before them. 2 remands, so there must be a war between alj's and appeals council, and I'm caught in middle.

Kitt 09-24-2014 09:06 AM

Welcome FAUTH. :Wave-Hello:


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