FAQ/Help |
Calendar |
Search |
Today's Posts |
12-29-2012, 09:20 PM | #11 | ||
|
|||
Member
|
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.
|
||
Reply With Quote |
12-29-2012, 10:00 PM | #12 | ||
|
|||
Magnate
|
Quote:
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. |
||
Reply With Quote |
"Thanks for this!" says: | Rayandnay (12-31-2012) |
12-30-2012, 09:45 AM | #13 | ||
|
|||
Member
|
Quote:
|
||
Reply With Quote |
12-30-2012, 02:49 PM | #14 | ||
|
|||
Magnate
|
Quote:
I know. |
||
Reply With Quote |
01-02-2013, 11:24 AM | #15 | ||
|
|||
Member
|
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!
|
||
Reply With Quote |
01-02-2013, 03:40 PM | #16 | ||
|
|||
Member
|
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?
|
||
Reply With Quote |
01-02-2013, 03:50 PM | #17 | ||
|
|||
Magnate
|
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.
|
||
Reply With Quote |
01-02-2013, 06:22 PM | #18 | ||
|
|||
Member
|
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.
|
||
Reply With Quote |
01-02-2013, 06:29 PM | #19 | ||
|
|||
Member
|
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
|
||
Reply With Quote |
01-02-2013, 06:41 PM | #20 | ||
|
|||
Member
|
Quote:
|
||
Reply With Quote |
Reply |
|
|
Similar Threads | ||||
Thread | Forum | |||
Appeals Council | Social Security Disability | |||
First claim at Appeals Council and won second claim at initial stage | Social Security Disability | |||
2009 Appeals Stats | Social Security Disability | |||
Kudos to the Ad Council | Survivors of Suicide | |||
Appeals Counsel question | Social Security Disability |