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01-02-2013, 08:31 PM | #21 | ||
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Magnate
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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. |
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01-02-2013, 08:41 PM | #22 | ||
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Magnate
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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. |
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01-02-2013, 10:51 PM | #23 | ||
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Member
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Basically everything he denied me on, the appeals council addressed, he wouldn't listen to social security's own doctors, the entire hearing was a waste, and that was 2 years ago, it so sad, most of us have worked all our lives and now we are reduced to begging.
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01-02-2013, 10:58 PM | #24 | ||
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01-03-2013, 01:33 AM | #25 | ||
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Magnate
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And that's definitely not a record. I'm curious why you haven't attempted to learn how the approval process works in all that time??? |
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01-03-2013, 02:07 AM | #26 | ||
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Member
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I've been working with Binder and Binder since 2006, stopped working in 2006, been to 2 aljs, have read mountains of information on appeals process, just seeing if I am missing something, and with my second time around with appeals council and subsequent remand order for new decision, if there is reason for hope this time. By the way, I filed papers on my own to federal court, because I didn't know what I was doing, I let it go, even after paying upfront fee, I thought I was protecting my onset date, I'm not sure. Then Binder and Binder started new application.
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01-03-2013, 04:24 AM | #27 | ||
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Magnate
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Instead of focusing on the appeal, at this point you need to focus on providing the needed information to prove you're severely disabled enough to qualify for SSDI. Please read my posts and links on pg 5 of the sticky "don't start your claim unprepared." In theory your attorney should handle everything you need to prove your case. In reality, they don't want to spend the time for the difficult cases. In many ways, I think using non-attorney SSDI reps are often a better choice. My case was drawn out longer than yours, and I received a Partially Favorable Decision with an attorney, and then won a Fully Favorable decision with a 2nd application before an ALJ. Severals things held up my approval... When I finally sat down and went through the step by step process SS uses to determine disability, it became very clear that I had focused on things I thought were important, as opposed to addressing what SS cared about--some of which was not at all logical. You're getting another opportunity to bring new medical evidence to the ALJ. Don't squander it. You REALLY need to know what onset date you're arguing. And even if you let the 1st application lapse, it does become a part of the record, so be prepared to address any issues from it as well. Good luck. |
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01-03-2013, 09:57 AM | #28 | ||
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01-03-2013, 12:38 PM | #29 | ||
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Magnate
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You may want to look up the statistics for your state, etc. http://ssdfacts.com/
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"Thanks for this!" says: | Rayandnay (01-03-2013) |
01-09-2015, 04:48 PM | #30 | ||
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New Member
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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
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