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Appeals Council Just Remanded Back to ALJ

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Old 12-29-2012, 09:20 PM #11
Rayandnay Rayandnay is offline
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Wink Appeals council remand
Has anyone ever tried an on the record or attorney advisor decision on a remand? I'm reading my remand order and letter sent to my congressman, and the instructions are for a new decision, I keep asking, but no one can give me a straight answer as to what that means.
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Old 12-29-2012, 10:00 PM #12
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Has anyone ever tried an on the record or attorney advisor decision on a remand? I'm reading my remand order and letter sent to my congressman, and the instructions are for a new decision, I keep asking, but no one can give me a straight answer as to what that means.
Sorry, but your question is a little confusing. It is not uncommon for an ALJ to make a Fully Favorable decision on the record during a hearing.

When a case is remanded you return to an ALJ based upon the Appeal's Council finding an error with the previous ALJ's decision. This allows you obtain new evidence and have a second chance. The wait period for a new hearing depends on your area.

And please read Finz's response in this thread!!! If you need help understanding how the process works, check out a NOLO guide regarding SSDI from the library or purchase a copy.
The Appeal's Council can also give you a Fully Favorable decision, but that wouldn't be a remand.

If I missed a key component of your question, I apologize and I'll try again if you could rephrase your question.
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"Thanks for this!" says:
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Old 12-30-2012, 09:45 AM #13
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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.
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Old 12-30-2012, 02:49 PM #14
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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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Old 01-02-2013, 11:24 AM #15
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Book Remand order from appeals council
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!
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Old 01-02-2013, 03:40 PM #16
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Cool Binder and Binder
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?
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Old 01-02-2013, 03:50 PM #17
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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.
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Old 01-02-2013, 06:22 PM #18
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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.
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Old 01-02-2013, 06:29 PM #19
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Cool Smirk Remand order
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
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Old 01-02-2013, 06:41 PM #20
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Originally Posted by bretd View Post
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.
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