Questions about how to use the forum?

Visit our new Frequently Asked Questions (FAQs) section.

Welcome, Guest. Please login or register.
Did you miss your activation email?

July 06, 2022, 01:46:22 pm

Login with username, password and session length

Recent

Members
Stats
  • Total Posts: 245510
  • Total Topics: 24501
  • Online Today: 338
  • Online Ever: 1127
  • (January 16, 2020, 04:17:02 pm)
Users Online
Users: 2
Guests: 121
Total: 123

You are no longer alone ...

Author Topic: Share Your Federal Remand Experience  (Read 8745 times)

Disabledvet100%

  • ~ Bronze ~
  • *
  • Posts: 41
  • People helped 3
Share Your Federal Remand Experience
« on: May 04, 2022, 05:10:17 pm »
My federal remand is scheduled for July even though my 2nd claim was found fully favorable in March for 3 blue book listings.   If SS doesn't like a decision, they can null an ALJ judgment, which reeks of impropriety!!
   
Please share your federal remand experiences. 

ChrisEMT

  • ~ Titanium ~
  • *
  • Posts: 164
  • People helped 15
Re: Share Your Federal Remand Experience
« Reply #1 on: May 17, 2022, 04:08:28 pm »
Here is my story, in case you hadn't read my posts...  I applied in 2018 due to several back injuries and leg issues including vein insufficiency (among others), denied, appealed, denied, alj hearing, denied, appeals council appeal and remand to same judge, due to not considering obesity affecting my injuries among other things, denied again appealed to appeals counsil,, and remanded to a different judge (3 ALJ hearings) due to "audio problems with the recording of the phone hearing".  The 1st 2 ALJ hearings lasted about 45 minutes and ended in denials.  I had my 3rd ALJ hearing with a different judge, and it lasted about 20 minutes, and that was in my opinion that the judge prepared and got familiar with my case,  he asked some questions about my work history, especially since my application, and saw I can't work full time doing anything without going to the ER every 4-6 weeks.  He asked the VE if there were any jobs that I could do with my restrictions from my doctors, and she said absolutely  no jobs in the national economy that would or could accommodate my restrictions...

I'm hoping for a favorable decision in the next 60 days.

DepressedGuessed

  • ~ Bronze ~
  • *
  • Posts: 37
  • People helped 6
Re: Share Your Federal Remand Experience
« Reply #2 on: May 19, 2022, 12:57:45 pm »
So far...
I applied due to various mental illnesses in October 2017. 
The ALJ hearing was August 2019. His report had a loose association with the true facts related to my medical history, to the medical recommendations, and to the trial proceedings.
The AC took a year to decide not to look at it.
The Federal court took two years but thankfully the Chief Justice of my district saw the report for what it was.  She commented on the multitude of harmful errors of law and sent it back down to be completely retried by the lower courts, with a direction to (reading between the lines of what she said) use the actual medical evidence and not make things up or cherry pick.
I wish she would have been mad enough at the lower court to just approve the case herself but I know that doesn't happen.  I wish the AC would be embarrassed enough to not want it to go any further and just approve it, but I think that's unlikely.  I'm hoping the new objective evidence from my MRIs and neurologist will be helpful in a fully favorable decision but I've learned not to be too hopeful in this SS game.
For those who don't get approved at the start, it seems like those who wait it out the longest usually eventually succeed.  🤷

Now I'm waiting to hear from the AC about when my next hearing will be and will update you then