Opening brief filed

[magvertize]

Joshua
That is awesome! So happy for you! Best wishes going forward

[Joshua2001]

Well it has been a few weeks so I thought I would give an update.  It turned out like I feared and the only reason they want it remanded on is that the ALJ wasn't appointed properly.  We tried to negotiate like they implied and they immediately asked the court for a voluntary remand.  I guess they really didn't want to negotiate.  This is very frustrating.  I will probably object to the voluntary remand as I don't trust the SSA to change anything about the decision except the name signed to it.  Hopefully this doesn't end up as a 2 year loop right back to district court.

[magvertize]

Oh wow that stinks!
Did your remand order mention a new hearing with a new judge?

[Joshua2001]

It hasn't been remanded yet.  It just a request made by SSA.  I haven't seen the final draft of the order but in the initial draft they sent me while were supposed to be negotiating.  They said it would go back to the appeals council and they would either make a ruling or send down to a lower judge.  Given that they weren't willing to concede anything in negotiations it looks very unlikely they would change anything with the ruling.  Negotiations is a very generous word on my part since right after my first email asking for concessions they said no and filed the request to the court.  I was expecting them to counter and even gave them something they should have had no problem agreeing to but they didn't want to even engage.

[magvertize]

Wonder if you can agree with stipulation of agreement if goes to new judge you want a new hearing. I’m not familiar with your process and commend you on dealing with this without a lawyer congrats to you

[Just Me]

Claimants have no say in the ALJ. It is up to the AC what the ALJ can address in another hearing or if the hearing has to be like a new hearing. Another hearing like the first one never happened is called De Novo. If the AC does not want a De Novo hearing. the remand letter will tell the ALJ what needs to be gone over in a remand hearing.

[Joshua2001]

So another update.  It took a while to get a copy of their request for remand and it is very aggravating.  They are basically accusing my wife of faking again and saying those issues need resolved.  What is with SSA and cherry picking out of the record?  We opposed the motion as it seems pretty clear what the SSA plans on doing on remand.  I hope the judge decides to let the case proceed instead of remanding it.  I am pretty sure we will win at least some concessions if it is argued on the merits.

[Joshua2001]

Wow that took a while for a ruling.  Well they remanded based solely off the fact the ALJ hadn't been appointed properly.  We were really hoping it would go to trial so they would be forced to look at things differently but I knew this was the most likely outcome.  Hopefully we get a fair judge this time on remand. 

[newdawn]

Wow that took a while for a ruling.  Well they remanded based solely off the fact the ALJ hadn't been appointed properly.  We were really hoping it would go to trial so they would be forced to look at things differently but I knew this was the most likely outcome.  Hopefully we get a fair judge this time on remand.

Congrats on the remand! Please let us know when your remand hearing is scheduled. Will it be a phone or video hearing do you think?

[Joshua2001]

Thank you.  Not really sure.  It may not be either.  According to the SSR it could just be the appeals council issuing a ruling. I honestly don't have a lot of confidence in the SSA anymore.  It's already been over 5 years since we applied and it seems pretty likely we will end up with a recycled ruling.  Unless of course we get a fair judge but at this point I don't have a lot of optimism.