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Author Topic: Share Your Federal Remand Experience  (Read 14693 times)

Disabledvet100%

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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. 
Initial 09/19 Recon 3/20
ALJ 06/20 AC 10/20
Federal 10/20
New app 10/20 Recon 10/21
ALJ approved 3/22 then vacated
Fed Remand 1/22
Fed and ALJ combined: Won via OTR 7/22

ChrisEMT

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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

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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

coach745

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Re: Share Your Federal Remand Experience
« Reply #3 on: July 27, 2022, 06:02:44 pm »
My wife had her hearing on her 2nd claim in June.  The case file is open until tomorrow.
I received the federal remand for her first claim last week. I'm very proud of the remand. Our lawyer dropped us and no one wanted to take it. I was against putting the federal remand in the records for this case.  I was afraid the alj would put off deciding the case and combine them.  Crossing our fingers the first claim was mainly mental stuff. This 2nd claim if about back surgeries and other types of physical problems she complained about during the first claim.
« Last Edit: July 27, 2022, 06:09:07 pm by coach745 »
Wife Age at application: 39 yrs
disabilities: bipolar, anxiety, depression, lumber spinal stenosis
Application Date: 12/17
Denial:7/18
Appeal for ALJ: 8/18
Hearing: 2/19
Denial: 5/19
Appeals Council: 5/19
Remand: 2/20
2nd hearing: 7/20
Denial 9/20
AC denial 1/21
Filed 2nd claim
Fed court 2/21

magvertize

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  • Fibromyalgia, bipolar disorder anxity intellectual
Re: Share Your Federal Remand Experience
« Reply #4 on: July 28, 2022, 12:54:29 pm »
I received my second federal remand September 2021 still waiting for scheduling for my third hearing. I filed in 2013 my main disability is mental along with fibromyalgia. My doctor supports me and has years of of medical records. Both federal remands are due to the ALJ not giving most wait to my treating doctor or giving an explanation for why it was rejected. Good luck with your case and hang in there.
filed 1/15/2013 onset date 5/11/2011
reconsideration 10/15/2013
hearing 9/21/2015 - denied decision 8/1/2016 almost a year
remand from federal 10/3/2018
hearing 6/4/2019 denied
filed 2nd federal 9/9/2019
Remanded from federal 9/7/2021