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Old 01-09-2015, 06:02 PM #31
LIT LOVE LIT LOVE is offline
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Originally Posted by jaycee64 View Post
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?
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Old 01-09-2015, 06:34 PM #32
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Post Remands

I've had two remands from appeals council
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Old 01-09-2015, 06:36 PM #33
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I have to admit, that was a quick turnaround.
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Old 01-09-2015, 09:53 PM #34
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Thumbs up 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"
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Old 01-10-2015, 05:10 PM #35
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Originally Posted by LIT LOVE View Post
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
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Old 01-10-2015, 06:33 PM #36
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Originally Posted by jaycee64 View Post
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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