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06-19-2012, 10:13 AM
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I had a hearing last April and was denied, I sent an appeal to the appeals council and recieved notice last week the judge made many mistakes and remanded my case back for another hearing. The last hearing took 2 years to get, will this hearing take as long? I live in Michigan. has anyone been approved after there case was remanded? my lawyer says I have a real good chance of being approved. Just looking for some hope.
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06-19-2012, 12:10 PM
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06-19-2012, 03:27 PM
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 ..,well a year later i got my desicion from the judge.case closed..cause im already approved . see what i mean.but it may take ayear ,maybe
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06-19-2012, 11:23 PM
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Senior Member
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Hi bredt,
I have no idea from a SSA or personal experience point of view, but common sense says that if you were denied and they found fault with their reasoning and are going to readdress the issue, that SOUNDS good for your case. I'm glad you have a lawyer to help you through this....fingers crossed for you !
__________________
. Gee, this looks like a great place to sit and have a picnic with my yummy bone ! |
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06-22-2012, 08:34 AM
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06-22-2012, 07:09 PM
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Did the remand from the Appeal Council indicate that the SSA office expedite the new hearing? If not, you might want to call the SSA and first ask if they have received the paperwork from the Appeals Council yet, second what priority do they give remands from Appeals Council (if any); and finally ask what timeframe could you expect your case to follow. So last April you had your hearing, with 60 days to appeal, and just last month (May) you got another denial (approximately 11 months for a decision)? Putting your case timeline up to my case timeline, it sounds like MI is really back logged, no? In CA, it took 1 year and 11-1/2 months (so almost 2 years) to get to the hearing, 5 months to get the denial, 60 days to appeal and waited 7 months for that denial. Here is my remand timeline so far: My case was remanded (in FEDERAL district court) in March 2012, and my attorney told me that it would be six months to one year before my hearing. However… On March 6th the federal district court ruled to remand my case back to the ALJ hearing. I did not receive this information from my attorney's office until April 1st, his cover letter was dated March 29th. On 6/15 - I called the SSA and asked if they had any new information, it just so happened, that remand paperwork was received and entered into the system on 6/15. The ssa rep told me that at this point things happen "fast" (ssa said they are usually bound to a deadline on remand cases) and to call every week to week and a half. So, 3-1/2 months to receive and process one remand notice is "fast"...I didn't want to say anything, but I was thinking it. Even the remand cover letter instructed an expedite hearing (after all, I applied in July 2007).  I am beginning to wonder if all parties are operating with the same dictionary. At any rate, once a hearing is scheduled, SSA will send out a notice 20 days before the hearing date. I don't know about you, but I am also concerned about other issues, like the attorney fees and costs. According the regulations, once your case has been denied by the alj, attorney fees are no longer capped at the lesser of: 6k or 25% back disability payments; rather fees are capped at just 25% of all back disability payments. Don't get me wrong, if he wins my case he deserves to get paid, and to get paid well; my issue is - if I win - 25% of back disability payments for me could be calculated at over 1300 with a 2250 (child dependent cap) per month, possibly being calculated on my application date of July 07 with an additional retro date of July 06. That is a lot of money for me to lose out on because an administrative law judge failed to do his job.  (And, according to the Federal district court remand ruling, this was an epic failure; sighting over a dozen issues before remanding my case, stipulating to the balance of the issues.) Perhaps if legislature were to implement, holding the SSA accountable for attorney fees in instances like this, (i.e. ALJ errors ranging from minor technical issues, to gross and flagrant disregard of regulations, laws and statues) disabled people could get along with healing, recovering and returning to a productive life!  As an example, after my attorney successfully had my case remanded in federal district court, he applied for and was awarded almost $4000 payable by the SSA for winning this motion in court. This tells me this theory is out there, perhaps only at this level where representation is not negotiable. It's nice to know that "The System" continues to evolve in circles, while it maintains the policy of SCREWING THE PEOPLE THAT NEED IT THE MOST AND THAT CAN AFFORD IT THE LEAST!  Bradt, hang in there! Learn everything you can about the entire process, your disability and treatment (knowledge is empowering). Do not stop appealing, and do not stop fighting! Believe it or not, they count on our ignorance and they count us not fighting. L |
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