Appeals Council Just Remanded Back to ALJ

Rayandnay · 01-02-2013, 11:24 AM

If the appeals council remands a case with the orders of issue a new decision, what are the chances the alj will give old decision, thereby defying the appeals council order? Doesn't this just waste time and money? New here!

LIT LOVE · 01-02-2013, 03:50 PM

Quote:

Originally Posted by Rayandnay

If the appeals council remands a case with the orders of issue a new decision, what are the chances the alj will give old decision, thereby defying the appeals council order? Doesn't this just waste time and money? New here!

The Appeal's council has the authority to rule in your favor, so I think you're reading too much into this. By virtue of remanding, it will demand a new decision. Maybe approval, maybe denial. The ALJ must follow the Council's instructions regarding the issues presented to them, but this will not mean an automatic approval.

Rayandnay · 01-02-2013, 06:29 PM

Then why tell me, my congressman, my attorney, anyone that will listen, that we have remanded this case for a new decision? March 2013 will mark 7 years of trying, in 4 years I will be eligible for social security. My point, at 57 years old, doesn't that make it easier to qualify? I'm hoping my otr will be granted

LIT LOVE · 01-02-2013, 08:41 PM

Quote:

Originally Posted by Rayandnay

Then why tell me, my congressman, my attorney, anyone that will listen, that we have remanded this case for a new decision? March 2013 will mark 7 years of trying, in 4 years I will be eligible for social security. My point, at 57 years old, doesn't that make it easier to qualify? I'm hoping my otr will be granted

The requirements are reduced slightly at 50 and 55, but this may not help you. Many have agreed to change their onset date, so that they'll be approved when they reach age 50 or 55. With that many years of trying to get approval, you would not only lose a heck of alot of backpay, but you may not even still be eligible if you haven't worked this entire time. Your attorney should be able to address this.

And getting outside help generally just speeds the process up and nothing more. I posted some links and explanations on pg 5 of the sticky "Don't start your application unprepared." that may help you. If you dig through Janke's posts, you'll learn a wealth of information.

Rayandnay · 01-02-2013, 03:40 PM

I am with this firm, at present, they are preparing my remanded case for an on the record decision, what kind of people prepare these arguments? How sucessful are on the record requests?

bretd · 01-02-2013, 06:22 PM

Quote:

Originally Posted by Rayandnay

I am with this firm, at present, they are preparing my remanded case for an on the record decision, what kind of people prepare these arguments? How sucessful are on the record requests?

My lawyer did the on the record request for me, and he told me they almost never approve someone at this level. And they did'nt. I am not sure who is working with you, If its a law firm a lawyer will work on it. If its not a law firm there is no charge to get a lawyer, they get paid when you do.

Rayandnay · 01-02-2013, 06:41 PM

Quote:

Originally Posted by bretd

My lawyer did the on the record request for me, and he told me they almost never approve someone at this level. And they did'nt. I am not sure who is working with you, If its a law firm a lawyer will work on it. If its not a law firm there is no charge to get a lawyer, they get paid when you do.

Is that after a case has been remanded by the appeals council? That's my situation.

LIT LOVE · 01-02-2013, 08:31 PM

Let's say the ALJ denied you on based on three things. The Council decided he was incorrect about item 1 & 2. At the remand, he must take their decision and apply it. It also doesn't mean that the ALK proceeded through all the steps. As soon as he found sufficient evidence to deny you, that was it.

You have the burden to PROVE your disability. This is a complex medical/legal evaluation. You are getting another opportunity to do so.

The ALJ must provide a new decision but it's not necessarily a slam dunk approval. You proved the ALJ made an error of law, you did not prove your case should have been approved--either partially or fully.

I only understand this because I represented myself and dug in to learn how the system. I hope this was a clear enough explanation. If not, maybe someone else can do a better job.

bretd · 12-30-2012, 09:45 AM

Quote:

Originally Posted by KCMan

After years of trying to get my SSDI I finally decided to look online for stories of others going through the same process. Gladly I found all of you. I just got a letter from the appeals council saying that they vacated the ALJ's decision and remanding it back to the alj.

Everything in the letter seemed very positive, saying that the jusdge didn't give any weight to the medical evidece and opinions of my doctors. The appeals council ordered the judge to give that evidence weight and give a new decision. The thing is, there is no supporting evidence at all that I could work. I have been unemployed since my injury occured, October 2005.

Since the appeals council orders the judge to give resolution to the evidence. To me this sounds like exactly what I need. All three physicians have stated that I am not able to do even sedentary work. Doesnt this sound like I should have a good outlook for my last hearing? Are cases that get remanded back to an ALJ from the appeals council more likely to win than loose? Appreciate any info, comments or advice you can give. I would also be happy to answer any questions about my case if anyone has any.

KC, I also had my appeal remanded back, it took about three months to get the hearing. I had the hearing on 11-30-12 I am still waiting for the desicion. I don't know if you have a better chance with a remand just another shot to pled your case and provide more evidence. I had some terrible luck, Social Security sent me to a medical exam before my hearing and I saw the doctor for no more than 4 min. and he did'nt even know I had 2 prior back surgery's, and he stated I could do almost anything. including CRAWLING. I told him I can't even tie my own shoes, and he said I can climb latters, walk for 4 hours, on and on. So my hope is for being approved is very slim. I wish you the best of luck.

LIT LOVE · 12-30-2012, 02:49 PM

Quote:

Originally Posted by bretd

KC, I also had my appeal remanded back, it took about three months to get the hearing. I had the hearing on 11-30-12 I am still waiting for the desicion. I don't know if you have a better chance with a remand just another shot to pled your case and provide more evidence. I had some terrible luck, Social Security sent me to a medical exam before my hearing and I saw the doctor for no more than 4 min. and he did'nt even know I had 2 prior back surgery's, and he stated I could do almost anything. including CRAWLING. I told him I can't even tie my own shoes, and he said I can climb latters, walk for 4 hours, on and on. So my hope is for being approved is very slim. I wish you the best of luck.

You'll have to appeal yet again if you receive a denial based on that report. Unfortunate,
I know.

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