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Author Topic: Please share your Appeals Council or Federal Court Experience  (Read 17204 times)

Trajector Media

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #15 on: June 28, 2013, 02:56:40 pm »
That's great!!!  Way to stay in the fight!!
I speak from experience not expertise.

HubbyDisabled

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #16 on: July 10, 2013, 10:49:43 pm »
Hubby was surprisingly approved by the Appeals Council. Original filing 6/2009. Filed with AC 4/2012. Expected remand however AC found so many bias opinions and mistakes made by the AJL we were lucky to be approved by the Appeals Council. We just received notice from AC 6/330/2013 so have yet to receive Award Letter but have been told Payment Center is working on back pay.

bigbabie55

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #17 on: July 10, 2013, 10:57:06 pm »
Hubby was surprisingly approved by the Appeals Council. Original filing 6/2009. Filed with AC 4/2012. Expected remand however AC found so many bias opinions and mistakes made by the AJL we were lucky to be approved by the Appeals Council. We just received notice from AC 6/330/2013 so have yet to receive Award Letter but have been told Payment Center is working on back pay.
    :Kudos03: :Kudos04:   EXCELLENT ! IT'S POST SUCH AS YOURS THAT PROVE THAT YOU SHOULD NEVER GIVE UP !   :Kudos11:
Blessings! :heart:
Bigbabie

Phil P

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #18 on: July 10, 2013, 11:04:05 pm »
Hubby was surprisingly approved by the Appeals Council. Original filing 6/2009. Filed with AC 4/2012. Expected remand however AC found so many bias opinions and mistakes made by the AJL we were lucky to be approved by the Appeals Council. We just received notice from AC 6/330/2013 so have yet to receive Award Letter but have been told Payment Center is working on back pay.

:yahoo:  :Kudos03:   :bravo:   :winner:
Yahoo!!!

sman1109

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #19 on: July 26, 2013, 03:13:54 am »
I filed a Federal Court appeal in March or April I believe, its almost August and I'm pretty sure I have years ahead of me. That is my experience to date.

annieosage

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #20 on: July 27, 2013, 07:15:05 am »
Mike's new ALJ hearing is 9/23/2013.  They have also scheduled him to see a SS doctor for an exam in late August.  Mike's psychologist, pain management doctor, primary care doctor, physical therapist, neurologist, and foot and ankle specialist all agree he needs to be on disability.  The first judge did not believe his doctor or Mike at the time.  He actually called the doctor;s credibility into question.

Let's see if these 6 others can convince them. 

BobsWife

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #21 on: September 13, 2013, 09:11:15 pm »
My husband first applied for disability in July of 2009, by then he had not worked for 7 months due to his disability. He received his first denial letter in December of 2009 and we hired a lawyer in January of '10. We did not see an ALJ until April of 2011! The ALJ denied my husband for crazy things like claiming he had income in 2009! He received his last real paycheck in January of '09 but had not worked since December of '08! And he cashed in his 401K in April of '09 because we were desperate for money at the time. After the denial from the April court date We sent his case to the appeals council and re-applied in June of 2011.... In September of '11 we got word that the AC would not review the case so our lawyer sent it to federal court. Also around Sept of '11 the second case was denied and again we asked for a hearing. In June of '12 we moved from Missouri back to our home town in Washington state. In September of 2012 we were told that our second case would not go to trial, they approved his disability after 3 long hard years! but they only back dated it to June of '11 when we re-filed.. our lawyers in Missouri could not take our case to federal court in Washington so we got a new lawyer right after we moved, for the federal case only... We had not heard one word from that lawyer until 2 days ago.... She said that federal court had remanded the case, but that's about all we know at this point...... We're still very confused..

ajabj5

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #22 on: September 23, 2013, 01:48:07 pm »
My attorney filed for an appeal council in December 2012 and in April 2013 the appeals council decided not to look at my case they denied reviewing it.  In June 2013 the attorney  has filed for Fedaral Court. 

The ALJ did not find any of my doctors credible. 

I have been advised to reapply and this is even worse than the first time applying because I have been told I can only use some dates and not others some doctors and not others because everything has to come about after the hearing date.

badback

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #23 on: September 23, 2013, 04:12:37 pm »
I have had my claim remanded back from the appeals council twice, not sure of the dates the last one was a month ago and I was to have a new Judge. The last Judge was a nightmare 7% approval rate.
I must believe it will get better some day.

Howudoinralphie

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #24 on: October 09, 2013, 11:53:32 am »
Been thru Appeals Council two times (everything via mail) last time I was denied a remand (Feb 2013) Filed in Federal Court @ that time to protect all my back pay (60K) From what I have research the Federal Court route takes about 8-12 months for resolution and normally gets remanded back to ALJ - than Approved. I too, had filed a NEW Claim (Feb 2013)and am awaiting a decision which was made last week - so as you can imagine sitting CLOSE to the mailbox ! Literally.....Trying to keep hopefully - I too, will be doing a Happy Dance !

AMEN!!! I PRAY ALL IS SOON!!!!!! (the letter in the box) I'm just out of federal court, they remanded me back to the AC.....Weird? I think so
"Leave the Gun, take the Cannoli's

pinkwitch63

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #25 on: October 09, 2013, 02:55:28 pm »
Ralph.....seems you are in the SAME situation as I ? Mine too, was remanded back to appeals council in Sept from Federal Court - what my attorney advised was: goes from Federal Court - back to Appeals Council - then to Local ODAR Office for final hearing (ALJ Approval) - Looks like we are both in limbo ?
#LuvMyKaleb

Howudoinralphie

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #26 on: October 09, 2013, 06:52:31 pm »
Ralph.....seems you are in the SAME situation as I ? Mine too, was remanded back to appeals council in Sept from Federal Court - what my attorney advised was: goes from Federal Court - back to Appeals Council - then to Local ODAR Office for final hearing (ALJ Approval) - Looks like we are both in limbo ?

Hey, I hate to say this and I mean NO disrespect but im Glad im in the boat with someone. Lets help each other thru this as well as anyone else who we could help. I think it may go back to my ALJ who is a tyrannical, opinionated, biased, hard ass and he use to work on a street that I'm not going to name, as a Judge in NJ 7 blocks from where I was Shot in the Chest in the Courthouse when I was on duty.....I know why he is so biased against me is because I allowed my P.T.S.D. to bring me into a Drug & alcohol hell once I retired. Before the shooting, I didn't take a freakin Aspirin for a headache. And I found out that he HATES-HATES-HATES substance abuse issues especially from an Ex Deputy Sheriff with 2 Medals of Honor and LEO of the Year...He thinks im worse than dog shit and it so shows BIGTIME. I was telling him what Brain fluid tastes like and he was looking at his watch.....BTW, I am sober now 5 yrs.....So what right? lol
"Leave the Gun, take the Cannoli's

pinkwitch63

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #27 on: October 10, 2013, 05:26:24 am »
Ralph....No offense taken - Its sad to see all fight SSA has given to obtain your DUE benefits - seems unreal ? I do sometimes thing these Judges have a Holy than God attitude ? I don't understand it...sad, but its a reality. Congrats on the Sober Living - Thank You for your SERVICE - God Speed to both of our Approvals !
#LuvMyKaleb

Wolfman

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #28 on: August 02, 2014, 12:43:13 pm »
I first applied for SSDI in 2005, following a work comp lawsuit settlement. Turned down eight consecutive times by the SSA, including two separate hearings in front of two different ALJ's, the last hearing having been held in 2009 in front of an ALJ with a 19% approval rate at the ODAR in Mlps MN. I had been forced to file a new claim following the first denial, and by my birth date in 2009 my date of last insured had passed, leaving me in extremely dire circumstances, with no options other then taking them to Federal court, with virtually no support system or money.

Compounding things was the fact that my attorney had failed to obtain certain important documents, specifically my primary treating doctors detailed medical records on me. This wasn't discovered until after having lost at the second hearing, and the federal court doesn't accept new evidence, they just rule on the evidence of the hearing in question. These files were critical, and lengthy, over ten years worth of treatment notes, diagnostics, surgery, medications ect.... Having no other options other then dying quietly in the street, I took the thing to federal court where an attorney I never met submitted a brief in front of a US federal judge, as did the SSA.

In its argument, the SSA's attorneys submitted multiple examples of completely fabricated evidence attempting to suborn my credibility, really seriously fabricated, as in just made it up fabricated! For instance, they introduced a document from one of my treating doctors in which they had manipulated his charting to imply that I had been working for years off the grid, cutting lawns for a lawn service, and being paid in cash! What they had done was modify the text of a conversation I had had with the doctor, where I had discussed with him, "mine having worked with his own son cutting lawns for another boy we both knew when we were in high school together, thirty five years ago!" They also attempted to portray me as a doctor shopping drug addict, which is easily accomplished to some extent as when you have no insurance, and serious medical conditions, you are in effect forced to move around a bit from one clinic to the next, not so much because you are looking for pain killers, but because you know that you will be unable to pay the fees for their service!

There were many other examples of very outrageous dishonesty, and deceptions carried out by their attorneys, you see they know that you are not able to respond to them, you are not there, your own attorney will not even rebut the accusations, instead focusing on the medical and legal issues as they pertain to the unfavorable decision of the ALJ. So they introduce all sorts of fabricated evidence, pure slander, and lies inspired by actual events and chart notes, but twisted either all out of context, or simply just embellished to the extent that they wished them to be! You folks think that you have experienced evil treatment at the hands of the SSA, try taking them to federal court, you will have your eyes opened in slack jawed shock & awe by their conduct at thet level, you can be sure!

So, I lose eight consecutive applications for SSDI, have lost my insured status, my home, my health, and every friend I ever had, and I find myself in federal court fighting the lying government with an attorney I have never met! So both sets of attorneys have submitted their briefs(all of the above was gleaned from the evidence after the decision of the federal court had been rendered)to the judge, and it only took me from 2009 to 2013 to get into that federal courtroom. What happens? Well, my attorney in his brief declares that the ALJ got a job description wrong from a menial job I had held seventeen years previously, where I had worked a second part time job at a convenience store, just on weekends! It seems that the ALJ made the mistake of referring to me as a "cashier" when in fact the proper description was as a, "clerk!" Just a ridiculous technicality, completely devoid of any common sense whatsoever, one that in my old life would have left me fuming at how another deadbeat had gamed the system, yet it also resulted in a federal court remand for a new hearing, a hearing where those critical missing medical files would for the very first time be seen by the ALJ and his staff!

How important were those missing files to my outcome? At the remand hearing, the ALJ's medical expert issued me a less then sedentary RFC on the spot, and the ALJ followed him up with a fully favorable bench decision, all of which took less then thirty minutes from upon entry to exit from his hearing room! Do you believe in miracles? I know that I do, if not for that ultra ridiculous technical overturning of the previous decision, my missing medical files would never have been seen by anyone, and they were so complete and thorough, that they resulted in a bench decision from an ALJ with just a 19% approval rate!

fran

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Re: Please share your Appeals Council or Federal Court Experience
« Reply #29 on: December 10, 2014, 02:02:47 pm »
i am so lost and confused right now I'm ready too break down i don't know who too call any more or what too do i had an attorney who lost my case in front of the judge who then referred me too a new attorney i called the ac office too see where my case was about two months ago and they said they didn't know who i was so i called my attorney she said she would take care of it and called me the next few days and said they had gotten it straightend out but i just called again and they told me the same thing i was not in there system what do i do from here ? i am lost
what if she didn't file the appeal ? how do i handle this ? i am not real good at speaking for myself when it comes too all of this stuff i need help please
One day at a time