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-   -   Appeals Council Just Remanded Back to ALJ (https://www.neurotalk.org/social-security-disability/144654-appeals-council-remanded-alj.html)

LIT LOVE 01-09-2015 06:02 PM

Quote:

Originally Posted by jaycee64 (Post 1117270)
My attorney filed her breif on December 12, 2014 and the AC remanded and vacated the ALJ decision on December 23, 2014. I'm being told no one has ever heard of this happening before. Is this good news? Also the original ALJ is no longer on the bench

Someone told you the AC does not remand and vacate decisions?

It is very, very common and the decision is called "de novo".

http://www.ssa.gov/OP_Home/hallex/I-02/I-2-8-18.html

Or, was the surprise that the decision happened so quickly? Cases from that ALJ might go to the "top of the pile" perhaps?

Rayandnay 01-09-2015 06:34 PM

Remands
 
I've had two remands from appeals council

Rayandnay 01-09-2015 06:36 PM

Remands
 
I have to admit, that was a quick turnaround.

Rayandnay 01-09-2015 09:53 PM

Remands
 
This back and forth between the appeals council and ALJ reminds me of a favorite expression by someone called DP on a Russian forum, "send in the clowns"

jaycee64 01-10-2015 05:10 PM

Quote:

Originally Posted by LIT LOVE (Post 1117285)
Someone told you the AC does not remand and vacate decisions?



Or, was the surprise that the decision happened so quickly? Cases from that ALJ might go to the "top of the pile" perhaps?

The surprise was that it was remanded in 11 days. I'm being told that is unheard of

LIT LOVE 01-10-2015 06:33 PM

Quote:

Originally Posted by jaycee64 (Post 1117456)
The surprise was that it was remanded in 11 days. I'm being told that is unheard of

It's best not to get hung up on details like this that you have no control over.

The remand means that the AC believes the ALJ made a legal error. Now, you'll have another shot before a new ALJ, and you can even get new documentation if needed before then. If you meet the requirements for a Listed Impairment, there is a chance you might even be approved via an OTR decision before being scheduled for a hearing.


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