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Old 05-06-2015, 03:03 PM #1
Rayandnay Rayandnay is offline
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Post Appeals Council

This has probably been asked before, under what circumstances does the appeals council make a favorable decision themselves rather than remand, what would be the parameters of the case?
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Old 05-06-2015, 06:50 PM #2
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It's at their discretion and this link states that the AC issues Fully Favorable decisions in only 3% of appeals. http://www.disabilitysecrets.com/appeals-council.html
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Old 05-06-2015, 11:38 PM #3
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Post So simple

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It's at their discretion and this link states that the AC issues Fully Favorable decisions in only 3% of appeals. http://www.disabilitysecrets.com/appeals-council.html
Lit, it seems so simple, ALJ makes error, it would have qualified for otr, appeals council can make favorable decision. What am I missing? Remands only infuriate aljs, it's not a teaching tool, for me a 3rd remand is nothing but a joke.
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Old 05-07-2015, 12:40 AM #4
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Lit, it seems so simple, ALJ makes error, it would have qualified for otr, appeals council can make favorable decision. What am I missing? Remands only infuriate aljs, it's not a teaching tool, for me a 3rd remand is nothing but a joke.
Just because an ALJ makes a technical legal error does not mean that the applicant has proven that they qualify for SSI or SSDI. The AC has to find only one single error made by the ALJ to order a remand, the AC generally does not evaluate how close or far an applicant is to proving they qualify.

When an applicant receives a remand it gives them another opportunity to prove that they qualify under SS's strict medical and legal requirements for disability benefits.

You always seem to think that the SS employees are emotionally invested in the outcome of your case. I highly doubt your ALJ, let alone the vast majority of ALJs, get infuriated when the AC remands a case. They're simply following the law as they interpret it.
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Old 05-07-2015, 03:06 AM #5
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Post Lowest in country

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Originally Posted by LIT LOVE View Post
Just because an ALJ makes a technical legal error does not mean that the applicant has proven that they qualify for SSI or SSDI. The AC has to find only one single error made by the ALJ to order a remand, the AC generally does not evaluate how close or far an applicant is to proving they qualify.

When an applicant receives a remand it gives them another opportunity to prove that they qualify under SS's strict medical and legal requirements for disability benefits.

You always seem to think that the SS employees are emotionally invested in the outcome of your case. I highly doubt your ALJ, let alone the vast majority of ALJs, get infuriated when the AC remands a case. They're simply following the law as they interpret it.
when a ALJ denies over 80% of her cases compared to national average of 42%, you tell me why the vast difference? And why the high remands? I'm just hoping my bias complaint produces something.
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Old 05-07-2015, 03:26 AM #6
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when a ALJ denies over 80% of her cases compared to national average of 42%, you tell me why the vast difference? And why the high remands? I'm just hoping my bias complaint produces something.
Well, an ALJ might take a bias complaint personally. Did you run that by your attorney before doing it?

Being assigned an ALJ with a low approval rating is not ideal, but if you are approved at some point, it will likely be from a ruling of an ALJ.
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Old 05-07-2015, 10:42 AM #7
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Post Move

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Well, an ALJ might take a bias complaint personally. Did you run that by your attorney before doing it?

Being assigned an ALJ with a low approval rating is not ideal, but if you are approved at some point, it will likely be from a ruling of an ALJ.
I think that's possible if I move to another state, there are dozens of stories where others have been approved sooner than later by just moving. It's mind boggling that 4 out of 6 judges are in the high 20s in approvals. I always think, what if it were the other way, they approved 70% of their cases, red flags would be everywhere. Queens, New York wasn't this obvious.
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