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12-17-2013, 08:31 PM | #1 | ||
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New Member
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Hello Everyone, I have never posted here before but I have read so much here and for some reason it gives me peace to hear that I am not the only one that is going through this. I have been waiting on my disability for four and a half years. I was denied after my hearing but It is now at the Appeals Council and they are working on mine now. Has anyone of you been approved by the Appeals council or know anyone that has? I am praying so hard for good news I am desperate for something good. Thank you for any help or advice.
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12-17-2013, 09:07 PM | #2 | ||
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Senior Member
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From what I have read, if Appeals council agrees to review claim, it is often remanded back to ALJ. Not always, but that seems to be the most frequent outcome. They could refuse to review, deny, remand, or approve. This is not based on anything other than things I have read. I hope someone can give you a better response.
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12-18-2013, 01:28 AM | #3 | ||
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Magnate
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There is a very monomial chance of outright approval, and a decent chance at remand back to an ALJ. If you are denied, you can file a lawsuit in Federal Court and simultaneously start a new application. The important thing is to understand why the ALJ felt you didn't qualify so that you'll be better prepared for either scenario.
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12-20-2013, 09:15 AM | #4 | ||
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New Member
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Thank you for replying. I just found out that it has been remanded back to the Judge with instructions. I am praying that this is good news. If anyone knows what happens next I would greatly appreciate any information and or advice.
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12-20-2013, 11:58 AM | #5 | ||
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Magnate
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Quote:
The ALJ can just make an on the record decision, but it is most common to be put on the calendar for another hearing. Depending on the backlog in your state it could be a year or so before you go back. You can request to review your file and even get a recording of the hearing. You will be able to bring new evidence to the hearing. If you have an attorney, speak to him or her. If you have a dire need--you're in jeopardy of losing your home or can't pay for utilities, etc., than you might be able to have the process expedited faster, but do all your homework before making that request. Most importantly, you need to understand the five-step sequential evaluation process and how close you came to being approved. What did the VE claim about your ability to work? |
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12-23-2013, 09:21 AM | #6 | ||
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New Member
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Quote:
She mentioned two jobs, one I don't know what is even is and the other is something that requires standing and walking so I don't know how she even came to the conclusion that I can do that one. My attorney asked would I be able to do those jobs if I can come in late and rest for 2 hours in the middle and be out several days a week and she said no. |
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