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Did your case get approved at the Appeals Council or Federal Court Level?

Yes
25 (59.5%)
No
17 (40.5%)

Total Members Voted: 38

Author Topic: Did your case get approved at the Appeals Council or Federal Court Stage?  (Read 19718 times)

Trajector Media

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Please only answer this question if your case got to this point.  

If your case went through this, was it approved?

Thanks for helping others that are following behind you.
« Last Edit: January 27, 2010, 03:43:35 pm by SSDAdmin »
I speak from experience not expertise.

ssgtwright2515

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Denied 14 April 2011 at the appeals council level. (Request for review is denied). This was even with me having my Congresswoman involved. I am going to take Fused-amused and Abused advice and see if it can be heard again since evidence now is overwhelming now then what it was before.
Refiled for SSDI again on 21April2011. Initail app denied on 25July11. Filed for Reconsideration next day. Requested my SSA CD file and sent copy to congresswoman office pointing out very important info. SSA sends me to mental C&E on 14OCT11.

waitsince08

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Denied for review by appeals council in april 2011.  congressman just sped the denial up (it onl took 4 months), but still better than waiting 1-2 years to get a denial.

wishi

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My case was remanded back to the ALJ  in February of this year by the appeals council.  From what I've read in statistics the appeals council only actually approves 3% of the cases they review.

Trajector Media

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Hi wishi,

Do you have an attorney handling your appeal?  The fact that it was remanded back is good news.  That means a mistake of some sort was made.  Did they say what it was?

Marci
I speak from experience not expertise.

wishi

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The important parts of the remand notice:

The Appeals Council grants the request for review under the substantial evidence provision of the SSA regulations.  THe AC vacates the hearing decision and remands the case to an ALJ for resolution of the following issues:

The decision found that, through the date last insured, the claimant had the residual functional capacity "to perform medium work as defined in 20 CFR except that the claimant is moderately limited in her ability to carry out detailed instructions; manintain attention and concentration for exted periods; perform activities with a schedule, maintain regular attendance, and be punctual within customary tolerances and interact appropriately with the general public"  The decision does not define the term "moderately limited."  Further consideration should be given to the claimant's maximum residual functional capacity.

The decision found that the claimant was capable of performing past relevant work as a clerical worker, assistant teacher, insurance processor and office assistant.  A review of the claimant's work history and earnings record reveals that the claimant does not appear to have performed work as and asst teacher at a level suffient to constitute substantial gainful activity.  Additionally, the decision classifies the clerical worker, insurance processing and office asst jobs as being semi-skilled work, by referencing Dictionary of Occupational Titles.  However, it appears that the performance of these jobs may require mental ability that exceeds the assessed residual functional capacity.  Thus, further consideration should be given to whether the claimant is capable of performing any of her past relevant work.

Upon remand, the ALJ will:

Further evaluate the claimant's mental impairments in accordance with the special techniques escribed in 20 CFR documenting application of the technique in the decision by providing specific findings and appropriate rationale for each of the functional areas described.

Give further consideration to the claimant's maximum residual fuctional capacity and provide appropriate rationale with specific references to evidence of record in support of the assessed limitations.  In doing so, nonspecific qualifying terms should not be utilized since they do not describe function and do not usefully convey the extent of the claimant's limitations.

Further evaluate whether the claimant is able to return to any of her past relevant work.

If warranted, obtain evidence from a vocational expert to clarify the effect of the assesed limitations on the claimant's occupational base.  They hypothetical questions should reflect the specific capacity/limitations established by the record as a whole.  THe ALJ will ask the VE to identify examples of appropriate jobs and state the incidence of such jobs in the national economy.  Further, before relying on the VE evidence the ALJ will identify and resolve any conflicts between the occupational evidence provided by the VE and information in the Dictionary of Occupational Titles and its companion publication, the Selected Characteristics of Occupations.

In compliance with the above, the ALJ will offer the claimant an opportunity for a hearing, take any further action needed to complete the administrative record and issue a new decision.

msgeneral

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yep, it looks like the judge M really missed his calling when he denied you wishi !! he was sooooooo wrong for that...
ya know, even on a really bad day there are things we have to do that no one else is there to do for us, so we have to bite the bullet and do things, regardless of the pain it may cause, the anxiety and panic attacks that may happen.. and the system does not realize (nor care) that we are often torturing ourselves to do these things...yet they deem we are "not disabled" because we do them....even simple things like being able to go to the post office or bank once a month- just cause we might be able to do that, does not mean we are not disabled...
keep me posted on what you hear from the senator i told you to contact first, he dont waste any time and you should have a hearing date set very quickly !!
there is a FLAW in the SLAW !! lol

Trajector Media

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This is good news.  Not only did they find fault with the original decision the Judge will be watched on his future decision to make sure he complies with their findings.  I will have my fingers crossed and please keep us up to date.
Marci
I speak from experience not expertise.

msgeneral

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Re: Did your case get approved at the Appeals Council or Federal Court Stage?
« Reply #8 on: September 11, 2011, 11:24:11 pm »
i had forgotten to post the news i got from atty office on thursday about my fdc appeal.... as noted before, the atty filed this at fdc in mid april 2010, argued cased in mid dec 2010.. it has been quiet until recently..
when i spoke to atty office on 9/8/11 in the morning time, i asked if there was any word from fdc case, and was told the atty had to submit a "brief" before the 10th, which was on saturday. that he was working on it to get it submitted to fdc by friday the 9th... sounds like the judge has is about to make a decision one way or other... wouldnt it be grand, if he were to overturn the alj's ruling from 2008 and approve my claim?? i expect him to remand it though....will post any news once i learn anything.. who knows, it has been on hold for almost 17 months now since it was filed....
there is a FLAW in the SLAW !! lol

Trajector Media

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Re: Did your case get approved at the Appeals Council or Federal Court Stage?
« Reply #9 on: September 12, 2011, 04:52:47 pm »
That is good news! I will keep my fingers crossed for an approval as that would be amazing.

Marci
I speak from experience not expertise.

msgeneral

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Re: Did your case get approved at the Appeals Council or Federal Court Stage?
« Reply #10 on: September 12, 2011, 05:18:46 pm »
amazing and as RARE as a steak right off the cow, for an fdc judge to reverse ssa alj's decision from a denial to an approval & no remand...
there is a FLAW in the SLAW !! lol

Trajector Media

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Re: Did your case get approved at the Appeals Council or Federal Court Stage?
« Reply #11 on: September 12, 2011, 06:15:26 pm »
LOL...You have the best sayings in the world.  You remind me of some towing show I can't think of the name of.  He says the funniest things just like you do.

Marci
I speak from experience not expertise.

msgeneral

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Re: Did your case get approved at the Appeals Council or Federal Court Stage?
« Reply #12 on: September 12, 2011, 06:45:00 pm »
towing show?? do you mean Repo Games?? i love that show!!

of course you do know there is a tow truck in dukes of hazzard-- crazy cooter comin' at cha !!

in re of sayings, my mommy gave me her wits, God rest her soul... she was a funny lady, no one could ever get anything over on her,she always had a comeback line...
« Last Edit: September 12, 2011, 06:47:58 pm by msgenerallee »
there is a FLAW in the SLAW !! lol

Trajector Media

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Re: Did your case get approved at the Appeals Council or Federal Court Stage?
« Reply #13 on: September 12, 2011, 08:37:37 pm »
Nope it is Lizard lick towing...bad show but great lines...
I speak from experience not expertise.

msgeneral

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Re: Did your case get approved at the Appeals Council or Federal Court Stage?
« Reply #14 on: September 12, 2011, 08:53:08 pm »
i have seen the ads for that show, just never watch it.... we have a routine of sorts for night time tv....
monday night is wwe raw, tuesday is auction hunters, wednesday is storage wars-lol....before those shows come on and afterwards, we just watch whatever catches our interest (or i should say hubby's interest for the most part- at least until he falls asleep)...i dont really find much on that i can keep my attention on for long...
  i love watching hgtv "house hunters international"... one way to take a trip to the tropics and never leave home.. love the scenery...
there is a FLAW in the SLAW !! lol