Originally Posted by bretd
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.