Go Back   NeuroTalk Support Groups > General > Social Security Disability

Appeals Council Just Remanded Back to ALJ

Reply
Thread Tools Display Modes
Unread 01-02-2013, 08:31 PM   #21
LIT LOVE
Senior Member
 
Join Date: Mar 2010
Posts: 1,440
Default

Let's say the ALJ denied you on based on three things. The Council decided he was incorrect about item 1 & 2. At the remand, he must take their decision and apply it. It also doesn't mean that the ALK proceeded through all the steps. As soon as he found sufficient evidence to deny you, that was it.

You have the burden to PROVE your disability. This is a complex medical/legal evaluation. You are getting another opportunity to do so.

The ALJ must provide a new decision but it's not necessarily a slam dunk approval. You proved the ALJ made an error of law, you did not prove your case should have been approved--either partially or fully.

I only understand this because I represented myself and dug in to learn how the system. I hope this was a clear enough explanation. If not, maybe someone else can do a better job.
LIT LOVE is offline   Reply With Quote
Unread 01-02-2013, 08:41 PM   #22
LIT LOVE
Senior Member
 
Join Date: Mar 2010
Posts: 1,440
Default

Quote:
Originally Posted by Rayandnay View Post
Then why tell me, my congressman, my attorney, anyone that will listen, that we have remanded this case for a new decision? March 2013 will mark 7 years of trying, in 4 years I will be eligible for social security. My point, at 57 years old, doesn't that make it easier to qualify? I'm hoping my otr will be granted
The requirements are reduced slightly at 50 and 55, but this may not help you. Many have agreed to change their onset date, so that they'll be approved when they reach age 50 or 55. With that many years of trying to get approval, you would not only lose a heck of alot of backpay, but you may not even still be eligible if you haven't worked this entire time. Your attorney should be able to address this.

And getting outside help generally just speeds the process up and nothing more. I posted some links and explanations on pg 5 of the sticky "Don't start your application unprepared." that may help you. If you dig through Janke's posts, you'll learn a wealth of information.
LIT LOVE is offline   Reply With Quote
Unread 01-02-2013, 10:51 PM   #23
Rayandnay
Junior Member
 
Join Date: Dec 2012
Posts: 79
Thumbs down Denied

Basically everything he denied me on, the appeals council addressed, he wouldn't listen to social security's own doctors, the entire hearing was a waste, and that was 2 years ago, it so sad, most of us have worked all our lives and now we are reduced to begging.
Rayandnay is offline   Reply With Quote
Unread 01-02-2013, 10:58 PM   #24
Rayandnay
Junior Member
 
Join Date: Dec 2012
Posts: 79
Default Process

Quote:
Originally Posted by LIT LOVE View Post
The requirements are reduced slightly at 50 and 55, but this may not help you. Many have agreed to change their onset date, so that they'll be approved when they reach age 50 or 55. With that many years of trying to get approval, you would not only lose a heck of alot of backpay, but you may not even still be eligible if you haven't worked this entire time. Your attorney should be able to address this.

And getting outside help generally just speeds the process up and nothing more. I posted some links and explanations on pg 5 of the sticky "Don't start your application unprepared." that may help you. If you dig through Janke's posts, you'll learn a wealth of information.
I started the process in 2006 at 50 years old, 4 more years I will be 62, 7 years has to be a record, or closing in on one. Can you get backpay if the appeals council turned you down the first time?
Rayandnay is offline   Reply With Quote
Unread 01-03-2013, 01:33 AM   #25
LIT LOVE
Senior Member
 
Join Date: Mar 2010
Posts: 1,440
Default

Quote:
Originally Posted by Rayandnay View Post
I started the process in 2006 at 50 years old, 4 more years I will be 62, 7 years has to be a record, or closing in on one. Can you get backpay if the appeals council turned you down the first time?
If the Appeal's Council turned you down, then you would have had to go to federal court or start a second application.

And that's definitely not a record.

I'm curious why you haven't attempted to learn how the approval process works in all that time???
LIT LOVE is offline   Reply With Quote
Unread 01-03-2013, 02:07 AM   #26
Rayandnay
Junior Member
 
Join Date: Dec 2012
Posts: 79
Smile Learning curve

Quote:
Originally Posted by LIT LOVE View Post
If the Appeal's Council turned you down, then you would have had to go to federal court or start a second application.

And that's definitely not a record.

I'm curious why you haven't attempted to learn how the approval process works in all that time???
I've been working with Binder and Binder since 2006, stopped working in 2006, been to 2 aljs, have read mountains of information on appeals process, just seeing if I am missing something, and with my second time around with appeals council and subsequent remand order for new decision, if there is reason for hope this time. By the way, I filed papers on my own to federal court, because I didn't know what I was doing, I let it go, even after paying upfront fee, I thought I was protecting my onset date, I'm not sure. Then Binder and Binder started new application.
Rayandnay is offline   Reply With Quote
Unread 01-03-2013, 04:24 AM   #27
LIT LOVE
Senior Member
 
Join Date: Mar 2010
Posts: 1,440
Default

Quote:
Originally Posted by Rayandnay View Post
I've been working with Binder and Binder since 2006, stopped working in 2006, been to 2 aljs, have read mountains of information on appeals process, just seeing if I am missing something, and with my second time around with appeals council and subsequent remand order for new decision, if there is reason for hope this time. By the way, I filed papers on my own to federal court, because I didn't know what I was doing, I let it go, even after paying upfront fee, I thought I was protecting my onset date, I'm not sure. Then Binder and Binder started new application.
Hmm. Ok. Well, if you filed the Federal Case and started the 2nd application prior to the rule changing that you could no longer concurrently pursue both, and you're still waiting for a Federal Court date, and have filed everything required in a timely fashion, than you were hypothetically protecting your onset date. The law changed in July of 2010, I believe. I can scrounge up the date if you need me too... If you let the Federal Court case lapse, this is a moot point.

Instead of focusing on the appeal, at this point you need to focus on providing the needed information to prove you're severely disabled enough to qualify for SSDI. Please read my posts and links on pg 5 of the sticky "don't start your claim unprepared."

In theory your attorney should handle everything you need to prove your case. In reality, they don't want to spend the time for the difficult cases. In many ways, I think using non-attorney SSDI reps are often a better choice.

My case was drawn out longer than yours, and I received a Partially Favorable Decision with an attorney, and then won a Fully Favorable decision with a 2nd application before an ALJ. Severals things held up my approval... When I finally sat down and went through the step by step process SS uses to determine disability, it became very clear that I had focused on things I thought were important, as opposed to addressing what SS cared about--some of which was not at all logical.

You're getting another opportunity to bring new medical evidence to the ALJ. Don't squander it. You REALLY need to know what onset date you're arguing. And even if you let the 1st application lapse, it does become a part of the record, so be prepared to address any issues from it as well.

Good luck.
LIT LOVE is offline   Reply With Quote
Unread 01-03-2013, 09:57 AM   #28
Rayandnay
Junior Member
 
Join Date: Dec 2012
Posts: 79
Ooo Great stuff

Quote:
Originally Posted by LIT LOVE View Post
Hmm. Ok. Well, if you filed the Federal Case and started the 2nd application prior to the rule changing that you could no longer concurrently pursue both, and you're still waiting for a Federal Court date, and have filed everything required in a timely fashion, than you were hypothetically protecting your onset date. The law changed in July of 2010, I believe. I can scrounge up the date if you need me too... If you let the Federal Court case lapse, this is a moot point.

Instead of focusing on the appeal, at this point you need to focus on providing the needed information to prove you're severely disabled enough to qualify for SSDI. Please read my posts and links on pg 5 of the sticky "don't start your claim unprepared."

In theory your attorney should handle everything you need to prove your case. In reality, they don't want to spend the time for the difficult cases. In many ways, I think using non-attorney SSDI reps are often a better choice.

My case was drawn out longer than yours, and I received a Partially Favorable Decision with an attorney, and then won a Fully Favorable decision with a 2nd application before an ALJ. Severals things held up my approval... When I finally sat down and went through the step by step process SS uses to determine disability, it became very clear that I had focused on things I thought were important, as opposed to addressing what SS cared about--some of which was not at all logical.

You're getting another opportunity to bring new medical evidence to the ALJ. Don't squander it. You REALLY need to know what onset date you're arguing. And even if you let the 1st application lapse, it does become a part of the record, so be prepared to address any issues from it as well.

Good luck.
Thanks, good stuff, I don't know your situation, but isn't this the saddest and most pathetic process you have ever seen. Sometimes I wonder why I worked 36 years in a row, only to be treated this way. But then I realize, you can never go wrong doing the right thing. This whole process needs to be overturned, but that will never happen with grown men and women who are millionaires more concerned about party ties rather than human suffering. I'll just wait and see what happens, I guess having the Appeals Council vacate the alj decision is a good and rare thing.
Rayandnay is offline   Reply With Quote
Unread 01-03-2013, 12:38 PM   #29
LIT LOVE
Senior Member
 
Join Date: Mar 2010
Posts: 1,440
Default

You may want to look up the statistics for your state, etc. http://ssdfacts.com/
LIT LOVE is offline   Reply With Quote
"Thanks for this!" says:
Rayandnay (01-03-2013)
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
First claim at Appeals Council and won second claim at initial stage mj1958 Social Security Disability 6 04-16-2011 03:47 PM
2009 Appeals Stats Janke Social Security Disability 16 01-02-2011 09:43 PM
Appeals Council brainfreeze Social Security Disability 5 10-13-2010 11:58 PM
Kudos to the Ad Council Doody Survivors of Suicide 1 07-31-2007 09:24 AM
Appeals Counsel question Dolfinz Social Security Disability 5 07-13-2007 08:07 AM


All times are GMT -5. The time now is 10:52 AM.
Brought to you by the fine folks who publish mental health and psychology information at Psych Central Mental Health Forums

The material on this site is for informational purposes only, and is not a substitute for medical advice, diagnosis or treatment
provided by a qualified health care provider. Always consult your doctor before trying anything you read here.


Powered by vBulletin • Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.


All posts copyright their original authors Community Guidelines Terms of Use Privacy Policy
NeuroTalk Archives