remand for second hearing
 

Hi, I received a letter from the appeals council stating that it was remand back to the judge because the decision found that the claimant was capable of performing his past relevant work. social security regulations provide that the essential elements of past relevant work include that it has to have been performed within 15 years prior to adjudication, that it must have lasted long enough for the individual to learn to do it, and it must have been performed at the SGA level. The records shows that it was more than 15 years that I performed that kind of work and this work did not arise to SGA level. So therefore, this work is not past relevant work as required under the social security regulations.

can anyone please tell me if I have a good chance of winning my claim and also how long does it take to get a second hearing date?

You do have an attorney, correct? What has he/she said?

The ALJ made an error, so you'll get another bite at the apple. But, without knowing your disability, your functional capacity, your age, your education, past work, etc.

The more info you're willing to provide, the better the response/s you'll receive in turn. If you haven't purchased a book about the SSDI process, then I'd suggest investing in a Nolo's guide.

How long did it take to get your first hearing date? I don't believe you get bumped to the front of the line, so to speak. If you are in danger of eviction or foreclosure, your attorney can request to have your case expedited.

[QUOTE=OCD guy;813948]Hi, I received a letter from the appeals council stating that it was remand back to the judge because the decision found that the claimant was capable of performing his past relevant work. social security regulations provide that the essential elements of past relevant work include that it has to have been performed within 15 years prior to adjudication, that it must have lasted long enough for the individual to learn to do it, and it must have been performed at the SGA level. The records shows that it was more than 15 years that I performed that kind of work and this work did not arise to SGA level. So therefore, this work is not past relevant work as required under the social security regulations.

can anyone please tell me if I have a good chance of winning my claim and also how long does it take to get a second hearing date?[/QUO[/I]

I don't know how about your chances, but I have been waiting for a new hearing since july 8, 2010.

I was remanded & won with the same judge a few days ago. If your Dr. will write a narrative and complete a RFC, it helps alot. (One of my Drs. did RFC & another did a 2 page narrative) I got a bench decision. Good luck!

It took me a year to get another hearing date