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-   -   Are these situations grounds for remand? (https://www.neurotalk.org/social-security-disability/198313-situations-grounds-remand.html)

Direwolf 12-09-2013 06:59 PM

Quote:

Originally Posted by LIT LOVE (Post 1035559)
While the AC approves 2% of the case, the FC only approves 4%. Not such a huge difference IMO, and when you factor in only about 10% of those denied or dismissed by the AC proceed to FC, than you have to assume those ambitious enough to proceed (or find an attorney that will represent them) likely have the strongest cases.

Last year (approx.) 7400 people were remanded from FC to ALJ, and 600 were approved by the FC. Whereas (approx.) 36,500 people were remanded from the AC back to an ALJ, and 3300 were approved AC.

More people are being helped at the AC level and faster than at the FC level. Most applicants will start a new application, even if it must be an SSI application, before going to FC. So, while I would agree it is important that they submit a well prepared appeal, preferably by a highly qualified attorney, I don't see the point of focusing on FC when they are at the stage the OP is.

Those AC numbers are skewed, I would think.. This is likely due to the fact that everyone files an auto appeal after an ALJ denial, while very few proceed ahead into a federal district court action!

I'm not advising a focus on the federal court, merely that the AC is a likely lemon. Most will simply give up at this stage, but it makes no difference anyway, to appeal to a federal court you must first proceed through he appeals council...most either give up, or file an entirely new claim. If you are passed your date of last insured you have no options but to file the lawsuit....


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