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.

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.

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.

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.

Nominal was the word I intended in my last post, sorry for the typo.

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?

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.

You mentioned, "she" mentioned two jobs and don't know what (one) even is. You can go to the SS website and register. Once you have done that, you will be able to view your past earnings. It will not show the name of the employer, just the year in which the money was earned and how much was earned.

It shows that I earned exactly $219.00 in 2000 and $219.00 in 2001. I had not worked since 1997, so the 2000 and 2001 earnings are false. I have no idea why the amounts are their. It maybe worth your while to check it out. Did your attorney look at evidence, prior to the hearing and get a copy? The SS site may give you an idea exactly what job they are referring to.

You need to find out. Then, look them up in the D.O.T. That's step one.

Do you have a functional capacity evaluation filled out ? Does that say that you can stand and walk for so long a day ? If your restrictions are mentioned elsewhere in your medical documentation, but not on the FCE, that could be your problem. I believe the VE primarily (or exclusively) goes by the FCE.

It can be odd how different medical professionals can fill out forms differently on the same patient. When my docs were filling out the shorter functional capacity report form provided, my PCP asked how long I could stand in 1 hour. If my answer (this was awhile ao, so I'm guessing on exact figures) was about 10-15 minutes (max), he wrote 15 min times an 8 hour shift equals standing for 2 hours. Ditto for walking. That looks like I could do a job that involves standing and walking for 4 hours. Plenty of short shift jobs one could do if that was your ability. I can do something for a short time, once, and then MUST rest. I couldn't be up for 4 hours straight in my wildest dreams anymore My neuro took a different approach and wrote that I could not stand or walk at all, because I cannot do it on cue, which is the truth, but that makes it look like I'm incapable of walking or standing EVER, which is not correct.

You may need a new FCE done, or a new FCR completed by your doc. Check the wording/results of what is in your file.

Good luck.

Yes I do have a FCE and it is on there that I cannot walk or stand for more than 10 to 15 minutes at a time and that I must lay down for at least one hour several times a day. I also suffer from clinical depression and the judge did not even consider that. I am very nervous about the next hearing but praying for fully favorable decision. The judge would not even allow my attorney to speak and ask me questions, it was a horrible experience the first time.