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Unread 11-27-2012, 10:02 PM   #21
Bewildered
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I was deinied from a ALJ a year and a half ago. We appealed to the appeals council and they found many things wrong with the Judges decision. I have my remand hearing on 11-30-12. I am so worried, We are so far in debt and have so many money problems I don't know what I will do if I get denied again. I have a lawyer and he is working very hard for me, but if I get the same judge I fear the worst. My lawyer told me before the last hearing he is the worst judge in the state. I am from Michigan. Has anyone been approved after a remand hearing????????
Brett, I lost my first hearing and my lawyer immediately appealed to the Appeals Council. It was before SS changed their rule about not being able to file a 2nd claim and appeal concurrently. I was approved on the 2nd application and the 1st application was remanded, with the cases combined. When they remanded the case, they combined the 1st claim and 2nd claim, meaning the ALJ could actually make an unfavorable ruling and I could have lost everything. It was remanded to the same ALJ that denied it, who had the worst approval rating in the state. At the hearing, my attorney offered to amend the onset date. It was later approved with the new onset date. What helped was that after my 1st claim was denied, I kept up my regular doctor appointments and had additional diagnostic test results that supported my disability.
No ALJ likes to have their decision remanded, but in most cases of remands the judge is directed by the appeals council to consider the evidence neglected in the case. If the evidence supports your disability, you have a good chance. All I can suggest is try and keep a positive outlook, even though so much is on the line. Its easier said than done. I drove myself crazy. If your attorney can negotiate a new onset date that could help your chances.
Good luck and keep the faith.
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ginnie (11-29-2012)
Unread 11-28-2012, 10:30 AM   #22
ginnie
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I will keep all of you in my prayers. I went through 4 years of hell getting my approval as well, and in that time frame had 9 surgeries. There is something terrible wrong with this system. There must be a change, so that people truely needing these services will not be denied time and time again. While you wait, you go broke. It happened to me as well. Please keep fighting for your approval, and know that prayers are for all of us. ginnie
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Unread 11-28-2012, 04:56 PM   #23
bretd
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Originally Posted by Bewildered View Post
Brett, I lost my first hearing and my lawyer immediately appealed to the Appeals Council. It was before SS changed their rule about not being able to file a 2nd claim and appeal concurrently. I was approved on the 2nd application and the 1st application was remanded, with the cases combined. When they remanded the case, they combined the 1st claim and 2nd claim, meaning the ALJ could actually make an unfavorable ruling and I could have lost everything. It was remanded to the same ALJ that denied it, who had the worst approval rating in the state. At the hearing, my attorney offered to amend the onset date. It was later approved with the new onset date. What helped was that after my 1st claim was denied, I kept up my regular doctor appointments and had additional diagnostic test results that supported my disability.
No ALJ likes to have their decision remanded, but in most cases of remands the judge is directed by the appeals council to consider the evidence neglected in the case. If the evidence supports your disability, you have a good chance. All I can suggest is try and keep a positive outlook, even though so much is on the line. Its easier said than done. I drove myself crazy. If your attorney can negotiate a new onset date that could help your chances.
Good luck and keep the faith.
We changed the onset date at the last hearing, and he still did'nt go for it. So I don't know. We just got back from court filing bankrupcy, who know's if that means anything to them people. day after tomorrow we will see.
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ginnie (11-29-2012)
Unread 11-28-2012, 05:53 PM   #24
finz
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I'll say a prayer for you and your family.....and be thinking of you on Friday.

I was lucky that my husband is healthy and working so the waiting period didn't bring the financial ruin that you guys are dealing with. As it was, we still had to borrow money from my parents during that time, and a lot of the backpay went to paying them back and paying off credit cards. The money would have gone much further without paying off the interest if my approval had come sooner so we could pay expenses as they came due.

I hope everything goes well for you with a decision in your favor and a quick backpay check. Best wishes on Friday !
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Gee, this looks like a great place to sit and have a picnic with my yummy bone !
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Unread 12-23-2012, 08:31 PM   #25
Ironbutterfly
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Originally Posted by bretd View Post
I was deinied from a ALJ a year and a half ago. We appealed to the appeals council and they found many things wrong with the Judges decision. I have my remand hearing on 11-30-12. I am so worried, We are so far in debt and have so many money problems I don't know what I will do if I get denied again. I have a lawyer and he is working very hard for me, but if I get the same judge I fear the worst. My lawyer told me before the last hearing he is the worst judge in the state. I am from Michigan. Has anyone been approved after a remand hearing????????
From Michigan as well, hus was denied last year, attorney filed for an appeal, and we have a hearing with ALJ in couple of months. Pray we get a good judge.

Can you tell me what happens at ALJ hearing? Was there a voc expert there hired by government?
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Unread 12-24-2012, 06:45 AM   #26
bretd
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From Michigan as well, hus was denied last year, attorney filed for an appeal, and we have a hearing with ALJ in couple of months. Pray we get a good judge.

Can you tell me what happens at ALJ hearing? Was there a voc expert there hired by government?
I sent a reply on your other post.....
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Unread 12-24-2012, 06:53 AM   #27
Ironbutterfly
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I sent a reply on your other post.....
Ok- thanks for replying fellow Michigander
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Unread 12-24-2012, 09:15 AM   #28
ginnie
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Default Hi, about the hearing

The thing that helped me to get my dissability was a three page letter, personally written by my PCP. Of all evidence, this one letter is what decided the favorable hearing. I really hope you get the dissability. It did come to late for me financially, and broke the bank shall we say? None of this is easy, and surviving deep in debt is terrible to go through. I will pray for all of you. ginnie
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