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12-13-2010, 02:26 PM | #1 | |||
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Senior Member
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12-13-2010, 11:15 PM | #2 | ||
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Member
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http://www.socialsecurity.gov/appeal...tatistics.html 106,964 Appeals Council Requests were made between 10/08 and 9/09. And the AC only finished 89,066 of them in an average time of 8.7 months which left more pending at the end of the fiscal year than was pending at the beginning of the fiscal year. Nothing about number of fully favorable. When the AC does act, they generally choose to remand a case, send it back for either more testimony or a better written decision. Occasionally, they make an independent fully favorable. The AC can also do own motion reviews of ALJ fully favorable decisions and hold up payment of benefits while they do a full review of the case for legal errors. And if they find a legal error, they will send the case back (remand) to the ALJ to fix the decision, get additional evidence, or change the favorable to a denial. |
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12-17-2010, 01:56 PM | #3 | ||
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Your right echoes there millions of SS law firms in the US, so with only a little over 100,000 lawsuits being filed at the AC level the chances of one law firm getting more than 10 cases is rare. The only reason I got two was word of mouth. I base my findings on reading case law. There are hundreds of SS cases and I have no idea how many I have read but, most cases were sent back to the lower tribune. It's usually an error made by the ALJ. That is why there are appeals at that level, and why the agency has to offer this process or the entire system would be considered unconstitutional, they have to give everyone due process of the law. Last edited by legalmania; 12-17-2010 at 02:12 PM. |
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