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Old 12-08-2013, 09:49 PM #1
Direwolf Direwolf is offline
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Originally Posted by LIT LOVE View Post

When the Appeal's Council denies a request for review, this doesn't mean they didn't read your appeal and make a decision on it. It means they read the appeal, denied you, and will not review the entire case. http://www.ssa.gov/pubs/EN-05-10041.pdf

Not according to my attorneys, they clearly stated that AC routinely refuses to even read the ALJ decision, which in my case they did twice!

Again, to be perfectly clear, the AC often simply refuses to even review the ALJ's decision, Daley Disability Law says its not at all uncommon...
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Old 12-09-2013, 01:14 AM #2
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Not according to my attorneys, they clearly stated that AC routinely refuses to even read the ALJ decision, which in my case they did twice!

Again, to be perfectly clear, the AC often simply refuses to even review the ALJ's decision, Daley Disability Law says its not at all uncommon...
I think you're confusing my point. I stated the AC read your appeal--which they decided was without merit, and as a result you received a denial. I didn't state that they read every ALJ decision--in some cases it might not be necessary.

Over half of the applicants that file appeals will eventually be awarded benefits, so statistically it is not a waste of time for applicants to follow through.
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Old 12-09-2013, 11:05 AM #3
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I think you're confusing my point. I stated the AC read your appeal--which they decided was without merit, and as a result you received a denial. I didn't state that they read every ALJ decision--in some cases it might not be necessary.

Over half of the applicants that file appeals will eventually be awarded benefits, so statistically it is not a waste of time for applicants to follow through.
Thats just the point intended for the op, how is it possible to decide your appeal is without merit if they have not even read the decision? You are confusing him I think, its profoundly necessary that the OP understand just what they are up against here. Its both figuratively and literally impossible for AC to reject an appeal based on such outrageousness....Yet they do just that thousands of times each year.

The only chance the op has is in a federal courtroom, tacking on an easy extra 3-5 yrs to the process, that or he can file a new claim and hope for a different outcome. These people need to understand the truth, and that is that most of them are going to lose, and lose badly!
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Old 12-09-2013, 12:09 PM #4
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Thats just the point intended for the op, how is it possible to decide your appeal is without merit if they have not even read the decision? You are confusing him I think, its profoundly necessary that the OP understand just what they are up against here. Its both figuratively and literally impossible for AC to reject an appeal based on such outrageousness....Yet they do just that thousands of times each year.

The only chance the op has is in a federal courtroom, tacking on an easy extra 3-5 yrs to the process, that or he can file a new claim and hope for a different outcome. These people need to understand the truth, and that is that most of them are going to lose, and lose badly!
Only 4% of the cases are given an outright approval at the Federal Court level. Most are either denied (40%) or simply remanded (47%) back to an ALJ.

http://www.ultimatedisabilityguide.c...ial_rates.html

I don't know how you came to the decision that Federal Court would give you, or anyone, a better opportunity for approval, but it just isn't true. It can give you another opportunity to keep your case alive and not lose backpay, so that new evidence can be presented to an ALJ--but that's generally what one is trying to accomplish with the AC as well.
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Old 12-09-2013, 01:36 PM #5
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Only 4% of the cases are given an outright approval at the Federal Court level. Most are either denied (40%) or simply remanded (47%) back to an ALJ.

http://www.ultimatedisabilityguide.c...ial_rates.html

I don't know how you came to the decision that Federal Court would give you, or anyone, a better opportunity for approval, but it just isn't true. It can give you another opportunity to keep your case alive and not lose backpay, so that new evidence can be presented to an ALJ--but that's generally what one is trying to accomplish with the AC as well.
The thing is that the federal court is a "real" court, while AC is just another sham barrier erected by SSA. Far more people are remanded at the federal court than at AC, I seem to recall just 2% of AC appeals experience any success.. Also, as the years rack up, date of last insured becomes the issue, as was the case with myself, then you have no other option, and don't you doubt it for a minute that AC knowing this, rubber stamps hundreds and hundreds of corrupt ALJ decisions as a consequence! The vast majority just cave in to them at that stage, the vast majority will not be getting a fair shot at AC, and every attorney knows this, it shows up in how they write the appeals, or in how they don't write them, they expend almost zero effort at this stage, they know the game....

Thats why we have the federal option, that court knows just how despicable most of these decisions really are, if you have a genuine disability, and you've been screwed royally by SSA, if you have a case, the federal court will almost always intervene, unfortunately it takes several years for them to weigh in on the matter!
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Old 12-09-2013, 04:45 PM #6
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The thing is that the federal court is a "real" court, while AC is just another sham barrier erected by SSA. Far more people are remanded at the federal court than at AC, I seem to recall just 2% of AC appeals experience any success.. Also, as the years rack up, date of last insured becomes the issue, as was the case with myself, then you have no other option, and don't you doubt it for a minute that AC knowing this, rubber stamps hundreds and hundreds of corrupt ALJ decisions as a consequence! The vast majority just cave in to them at that stage, the vast majority will not be getting a fair shot at AC, and every attorney knows this, it shows up in how they write the appeals, or in how they don't write them, they expend almost zero effort at this stage, they know the game....

Thats why we have the federal option, that court knows just how despicable most of these decisions really are, if you have a genuine disability, and you've been screwed royally by SSA, if you have a case, the federal court will almost always intervene, unfortunately it takes several years for them to weigh in on the matter!
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.
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Old 12-09-2013, 06:59 PM #7
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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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