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12-22-2010, 10:53 PM | #1 | ||
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According to data compiled by the National Association of Social Security Claimant Representatives (a lawyer's organization), in 2009, the Appeals Council approved 2% of the 68,821 cases that were filed for total of 1376 claims. Initial decisions made by DDS had a 37% approval rate for the 2,686,152 claims file for a total of 993,876.
The ratio between claims approved by the DDS and claims approved by the AC is 993,876 to 1,376 or approximately 722 to 1. A much higher percentage and a much higher total number are approved at the initial level than at the AC level. Heck, the DDS pays more claims on the initial level, 993,876 than the ALJ level, 63% of 554,025 or 349,035, by nearly three to one. Dispels the myth that EVERYONE is denied the first time. Blows it out of the water. I am assuming NOSSCR knows what they are talking about in their published material. Still can't find the raw data. http://www.socialsecuritydisabilityl...ll-chart-1.pdf |
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12-23-2010, 05:11 AM | #2 | ||
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The numbers don't match up. NOSSCR state themselves that some data is not reflected in the data shown.
"Other non-disability eligibility factors may affect final eligibility for benefits , i.e., some cases with a favorable disability decision could ultimately be denied for failure to meet other eligibility requirements. Some disability claims not eligible on non-disability grounds will not be referred for a disability decision and are not reflected in the data shown. Decisions include Title II – Social Security Disability Insurance and Title XVI – Supplemental Security Income (SSI)cases. Some claimants may file concurrently for both Title II and Title XVI. Concurrent Title II/XVI cases are counted as one." The appeals council have claimed to have processed 89,066 yearly, with 80, 040 cases still pending, in 2009. This chart only seems to considering the cases that the AC approved not the ones that are remanded back to the ALJ level, or the ones that have gone onto the Federal level and won, which could make the data a much higher percentage. I don't think they can keep an accurate number, because once it leaves the AC office they don't count the data of the cases won or denied. For now I am personally sticking with what I have read in the legal research of case law and what I have read was a lot of cases are sent back to the ALJ level and approved, not to mention the ones that are appealed at the Federal level and won there. So once again if you have an appeal at any level never lose hope. http://ssa-custhelp.ssa.gov/app/answ...0hear%20yearly |
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12-23-2010, 10:06 AM | #3 | ||
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A case that is remanded (sent back) to the ALJ level is not a case that is approved by the AC. It is a case that gets a second look by the ALJ. It may be approved, it may be denied. But it is not a case that is approved by the AC. Can't count that as an allowance by the AC. A remand is not an approval. It may become one if the ALJ writes it up that way. 22% of the cases sent to the AC are remanded. 73% are still denied. Higher than the DDS.
And so what if claims that are ultimately denied for non-disability reasons are excluded from the data. A person who is not insured for SSDI or has excess income or resources for SSI can't be paid benefits no matter how disabled they are so that data should not be factored in at all. And since the decision that a person is disabled applies to both an SSDI and an SSI claim, it makes much more sense to count them as one decision rather than two decisions. Positive thinking is generally a good thing. Being an optimist is generally a better way to live than being a pessimist. But positive thinking doesn't change reality. Reality is that of the 2,686,152 claims filed in 2009, 1,376 were approved by the AC, .05%, 1 out of 1952. |
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12-23-2010, 06:52 PM | #4 | ||
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I thought I was clear in what I said. The numbers are not consistent with the 2009 AC numbers. How can the NOSSCR be accurate when only half the cases in 2009 were considered.
The legal meaning of remand is as follows: West's Encyclopedia of American Law: Remand Top Home > Library > Law & Legal Issues > Law Encyclopedia This entry contains information applicable to United States law only. To send back. A higher court may remand a case to a lower court so that the lower court will take a certain action ordered by the higher court The chart does not consider certain cases, so win or lose the data is still not accurate . All I know is that posters were writing you only had a 2% chance of winning at the AC level, I knew that was not accurate, the actual data will probably never be completely known. |
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12-23-2010, 07:19 PM | #5 | ||
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Here is a little information I found out about NOSSCR: You can come to your own conclusion:
http://www.nosscr.org/index.html Disclaimer The NOSSCR web pages are a public resource containing general information which is intended - but not promised or guaranteed - to be correct and current. Do not rely on information at this site in place of the advice of competent counsel. Because individual circumstances differ, you should not rely on any information here as being applicable to your given factual situation. You must not rely on any of the general information provided here as being specifically applicable to you. These pages are not intended to be a source of advertising, solicitation, or legal advice. As a result, you should not consider this information to be an invitation for an attorney-client relationship, you should not rely on information provided here as constituting legal advice, and you should always seek the advice of competent counsel in your own state. Internet Links: NOSSCR does not intend links on our pages to other web pages and their owners to be referrals or endorsements of the linked entities. We will gladly remove any link from this site upon request from the linked entity. This web site is not sponsored or associated with any linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader. Our FAQ Pages: Answers to "Frequently Asked Questions" (FAQs) are general information provided as a public service. Nothing included in the FAQs should be construed as creating an attorney-client relationship between NOSSCR (or its members) and the reader, nor should anything in these FAQs be deemed the provision of legal advice or a legal opinion. We strongly discourage the use of Internet E-mail for confidential or sensitive information, because E-mail is not a secure medium of communication. |
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12-23-2010, 07:26 PM | #6 | ||
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Quote:
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Closed Thread |
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