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-   -   Second remand (https://www.neurotalk.org/social-security-disability/206496-remand.html)

Rayandnay 07-06-2014 12:26 AM

Second remand
 
Anyone on here get 2 remands from appeals council, if so, what eventually happened?

Hopeless 07-07-2014 10:24 AM

See posts by SkyKing.

Daw14309 07-09-2014 11:29 PM

Quote:

Originally Posted by Rayandnay (Post 1080336)
Anyone on here get 2 remands from appeals council, if so, what eventually happened?

I have my first remand and my hearing date is 9/4. The only thing I know is that I'm going back in front of the same judge who denied me the first time. That's scary since he may not want to see me again and know that the AC felt his decisions were wrong.

Good luck!!

Rayandnay 07-10-2014 04:00 PM

Remand
 
Quote:

Originally Posted by Daw14309 (Post 1081174)
I have my first remand and my hearing date is 9/4. The only thing I know is that I'm going back in front of the same judge who denied me the first time. That's scary since he may not want to see me again and know that the AC felt his decisions were wrong.

Good luck!!

It's unbelievable this process, it's like going back to the same executioner, because the lights went out the last time. My alj was not happy, I knew he would deny me, because he would never see me again, thank God. It's like there's a power struggle between the appeals council and aljs

Skyking 07-10-2014 05:23 PM

Quote:

Originally Posted by Rayandnay (Post 1081313)
It's unbelievable this process, it's like going back to the same executioner, because the lights went out the last time. My alj was not happy, I knew he would deny me, because he would never see me again, thank God. It's like there's a power struggle between the appeals council and aljs

I was remanded once, prior to that one remand I had lost 8 consecutive attempts to substantiate my claim including two hearings in front of two different ALJ's, and two meaningless appeals to the AC in Falls Church.

If left to the devices of the SSA I would never have won, it took the intervention of the federal court to get me a remand, by that time I had long since discovered the terrible damage done my claim by the two previous attorneys whom both had failed to obtain my complete file from my longtime treating primary physician(12 yrs).

If not for that remand I would have been done, and I mean done, I could not work and everything was lost, everything I had ever owned gone! I was remanded on the most ridiculous technicality its almost impossible to believe it really occurred at all, the federal judge tossing out the ALJ's decision simply because he got a job description wrong! It took ten years to get to that point, ten years!!! If not for that remand I would never have been given the opportunity to demonstrate to SSA how erroneous their two previous decisions truly were by presenting them with the 12 years of missing medical files of my primary physician!

Over a half dozen disability attorneys turned me down even after I was remanded, they did this because the missing medical files were not in the record, and not one of them was willing to take the time to go through them, and even the attorney I was stuck with never did go through them, too much effort I am sure. But I did, and more importantly so to did the ALJ(the same one who denied me at my very first hearing way back in 2005)who issued a bench decision after just twenty-five minutes of the hearing in which the SSA's own doctor issued me a less then sedentary RFC on the spot!

Thats how powerful and compelling my case file was, and to think, it never would have been seen by anyone if not for that ridiculously kooky federal court remand! Keep in mind, if you are at the AC stage, there is another stage, that being the federal court, only 1% of all cases denied at the hearing level get that far, just 1%!!!

BTW, I am suing the second disability attorney for malpractice, I have him dead to rights as it has been established that 1. He was negligent and dishonest. 2. The missing files have been established as being so compelling that the resulted in a bench decision from the first ALJ who had originally denied my claim. 3. That through his negligence he caused me great harm and financial distress.....


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