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Author Topic: Federal court remand july 15th. How are they different?  (Read 2313 times)

Redchico24

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Federal court remand july 15th. How are they different?
« on: May 09, 2021, 03:45:42 pm »
Just curious if anyone has been through a remand hearing from the federal court. How is it different from your original hearing? Thanks in advance for all your insights
"You see me, you hear me, there are millions who think just like me!" ~Chumbawamba

Borderline Personality Disorder, Bipolar Disorder, Anxiety Disorder, Agoraphobia, Post Traumatic Stress Disorder

SFVLance

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Re: Federal court remand july 15th. How are they different?
« Reply #1 on: May 09, 2021, 04:21:05 pm »
The only real difference in mine was the ALJ was corrected/guided by the federal district court order, so there was no dispute over those areas. We did have a different ME, who actually agreed with my own doctors, so everything was disposed of rather quickly. VE was present but not needed.
 
Other than that, there were no other differences from original hearing (both were in-person, about 4 years apart I think). After ALJ swore me in, she acknowledged and summarized the findings of the FDC.
Los Angeles, CA

Short Version: Filed June 2012 at age 46; major depression + general anxiety. Denied all the way. Fed district court remanded, 2nd hearing delayed twice (11 months total delay). Bench approval at remand hearing in March 2017. Took over six months to receive closed-period award pymt.

Redchico24

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Re: Federal court remand july 15th. How are they different?
« Reply #2 on: May 09, 2021, 06:43:10 pm »
That is just excellent. Thanks for the inside perspective!!
"You see me, you hear me, there are millions who think just like me!" ~Chumbawamba

Borderline Personality Disorder, Bipolar Disorder, Anxiety Disorder, Agoraphobia, Post Traumatic Stress Disorder

Just Me

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Re: Federal court remand july 15th. How are they different?
« Reply #3 on: May 09, 2021, 09:16:31 pm »
The remand tells the ALJ what to address. In some cases it is like a new hearing. Like the first one did not happen
In other cases, the ALJ only address specific things.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.

Redchico24

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Re: Federal court remand july 15th. How are they different?
« Reply #4 on: May 10, 2021, 07:33:01 am »
For me they told her to lend more weight to my treating physician's findings. So i am hoping she does this time
"You see me, you hear me, there are millions who think just like me!" ~Chumbawamba

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Team Bob

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Re: Federal court remand july 15th. How are they different?
« Reply #5 on: May 11, 2021, 09:49:48 am »
The biggest difference in mine was that there was a medical expert called to testify.  This basically won my case, as he found me meeting a couple of blue book listings and the judge ended it right there with a bench decision.  I really think there should be a medical expert at *every* hearing.
TEAM BOB STATS
Conditions:  Major depression, Generalized Anxiety Disorder, Avoidant Personality Disorder, Panic Disorder, Asthma, Sleep Apnea, Hypertension, Anemia.
Initial Application:  05/2015
First Hearing:  10/24/2016
First Hearing Denial:  12/16/2016
Second Hearing: 01/29/2019 Bench Win!

Redchico24

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Re: Federal court remand july 15th. How are they different?
« Reply #6 on: June 14, 2021, 12:30:56 pm »
Oh that was awesome. I hope they have one at my hearing. I really need this to come through.
"You see me, you hear me, there are millions who think just like me!" ~Chumbawamba

Borderline Personality Disorder, Bipolar Disorder, Anxiety Disorder, Agoraphobia, Post Traumatic Stress Disorder

Just Me

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Re: Federal court remand july 15th. How are they different?
« Reply #7 on: June 14, 2021, 04:56:58 pm »
Having a, medical expert at a hearing does not mean a automatic bench decision. The fact the claimant was found to meet a Blue Book Listing played a big part. But a ALJ does not need a medical expert for that.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.