Social Security Disability Facts Forum

SSDI and SSI Disability Application Process => Appeals Council and Federal Court Appeals => Topic started by: lucho13 on April 25, 2020, 01:11:36 am

Title: Got a Remand from the Federal Court
Post by: lucho13 on April 25, 2020, 01:11:36 am
So ,My case is moving along, recieved a stipulation and remand from the federal court. 10 months from federal appeal start date. This is good news from me, and hope I wont get denied again.

So, if anyone can guess, how long would I have to wait for the   ALJ remand hearing?


3-2016 initial application, denied.
6-2016 file appeal, denied.
3-2018 ALJ hearing, denied.
6-2018 Appeal council denial.
5-2019 Federal lawsuit appeal
3-2020 Remand to ALJ.

Title: Re: Got a Remand from the Federal Court
Post by: DisabilityDiscussed on April 25, 2020, 04:07:44 am
This timeline does not show a new, Initial, application with a new Alleged Onset Date of the day after the ALJ denial.

This action may result in an allowance long before the remand decision. 

That is another way of saying there is no way to accurately guess how long it will take for the remand decision in these turbulent times.
Title: Re: Got a Remand from the Federal Court
Post by: Kicksnomore on April 25, 2020, 06:34:17 am
Congratulations on the remand. 
Title: Re: Got a Remand from the Federal Court
Post by: SFVLance on April 25, 2020, 09:43:58 am
 :Celebrate10:

Congratulations on the remand, lucho13...I'm glad my estimate (Fall 2020) was wrong!

No idea how long it would be until your hearing. When I was remanded, the OHO said it would be 13 months. but my attorney said it would more likely be around 6 months because it should't take that long for a court-remanded hearing.
It turned out to be a 5 1/2 month wait.

Your attorneys will probably have a good idea on the timeline.
Title: Re: Got a Remand from the Federal Court
Post by: newdawn on April 25, 2020, 11:47:57 am
Congrats on your remand!

 :Happy07:
Title: Re: Got a Remand from the Federal Court
Post by: lucho13 on April 25, 2020, 01:43:49 pm
I was unable /not know to fill another claim. After the initial alj decision, I was beyond the time permitted to file a second claim ( by a year).

So, time I had to wait for the alj hearing was like 18 months, I think a year for the appeals council denial,and 10 months federal remand decision.

I have been told by paralegal ,I should expect 6 month wait for alj remand hearing.

And I am still holding my breath.....
Title: Re: Got a Remand from the Federal Court
Post by: DisabilityDiscussed on April 25, 2020, 03:18:06 pm
"I was beyond the time permitted to file a second claim..."  Reply #5.

It sounds like your Date Last Insured was before the ALJ decision.  Is that correct?
Title: Re: Got a Remand from the Federal Court
Post by: WiltingRose on April 25, 2020, 08:17:29 pm
Congrats on your remand!! I won one from the AC a week ago and my lawyer told me anywhere between 3-6 months for a hearing.  My lawyer is terrible at best so I take it with a grain of salt, lol.
Title: Re: Got a Remand from the Federal Court
Post by: Kicksnomore on April 26, 2020, 10:10:27 pm
 :Kudos03:
Title: Re: Got a Remand from the Federal Court
Post by: lucho13 on April 27, 2020, 11:04:37 am
Date last insured was before the 1st alj hearing,yes...could not file a second claim. I should have applied earlier,I realize that..

I dont know how they are handling remands in nyc. I also dont think/know if my Attorney is doing video hearings. I just wrote to the firm past Friday. So, I wait some more..

Title: Re: Got a Remand from the Federal Court
Post by: lucho13 on September 11, 2021, 08:39:26 pm
An update to this post. Recieved a fully favorable decision in the mail!!!

So what is the time frame, sorta, for award letter, first payment, back pay???

I also have a workers comp offset. Should I provide SSA with my payment history?

Would  love to hear from the audience...I'm at the 5 1/2 yrs mark.
Title: Re: Got a Remand from the Federal Court
Post by: MisplacedTexan on September 11, 2021, 08:51:00 pm
Congratulations on your victory, Sorry you had such a long fight but now you can focus on the future. It has been a long time since I was approved and I am not sure how long it will take to get your award letter  at this point in time but It seems like it took in my claim about 45 days to get the ALJ award letter from SSA and about another 60 days to get my back pay and first monthly payment. It is really hard to say because there are many factors that can delay the process.

Congratulations!


Edited by newdawn just to correct the error so that "Congratulations" would be in bold as intended.
Title: Re: Got a Remand from the Federal Court
Post by: Helper on September 12, 2021, 06:55:49 am
Definitely provide your workers comp payment history. If not provided, they will assume you got the maximum payment.  It will be correctable but it is not a high priority work load to correct it so will take months to correct.
Title: Re: Got a Remand from the Federal Court
Post by: SFVLance on September 12, 2021, 09:54:16 am
 :Celebrate05:  :Celebrate05:  :Kudos03:  :Celebrate05:  :Celebrate05:
Title: Re: Got a Remand from the Federal Court
Post by: DepressedGuessed on October 03, 2021, 06:26:46 am
Congrats!!
Being that you said you are in NY, I have a couple questions...
How long did you end up waiting for the remand hearing and long after it did you get your letter?
What happened in the hearing...was it just attorneys and judge talking or did you have to answer more questions?

I'm in Federal stage, waiting for motion from defense and any back and forth after that. Praying for remand.