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Author Topic: Won a Remand!  (Read 4820 times)

WiltingRose

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Won a Remand!
« on: April 23, 2020, 08:00:50 pm »
So I just got the letter from AC saying they are remanding my case back to the ALJ.  They found several errors in law that I didn't even mention! They AC says the ALJ found that I do indeed have severe carpal tunnel syndrome, but never asked the VE about jobs I could do with limitations resulting from that impairment.  They also want the ALJ to explain why she listed the jobs I could do as "light" when all evidence points to at most, Sedentary.  I had submitted evidence that my lawyers forgot at my hearing and the AC stated that I gave " good reason" why they were not and therefore are allowable.  One was that my Dr. prescribed a rollator due to spinal impairment and balance issues. The other was that I was indeed diagnosed with BPPV and have severe balance issues. The ALJ at my hearing would not rule on the balance issues because all that was submitted was documentation of physical therapy that I was undergoing for it.
         The AC stated that this information is new, material and relates to the period at issue and that there is reasonable probability that this additional evidence would change the outcome of the decision. I am also allowed to submit new diagnosis' which I have a couple ( one severe).  I am over the moon!! My lawyer has been terrible!! He didn't know what the 25 day letter was and didn't want to submit anything.  The reason he wrote for my Appeal? The ALJ erred.  That's it.  So, I took it upon myself to write out my reasons I thought the ALJ erred, with the help from this Forum, and it looked pretty darn professional if I do say so myself. I sent it after receiving 25 day letter.  I also sent in the missing evidence from hearing and ongoing medical reports.
         I called my lawyer today and he didn't know anything about the remand.  They have not got in touch with me since last Sept!! He set up an appt. for early May. He was kinda shocked when I told him about the remand. He said it is very rare and that his firm has only had 3!! I am cautiously optimistic, but I know that my ALJ has only a 28% approval rate.  She wasn't mean or anything so I am pleased about that.  Now, I hurry up and wait some more for the hearing date.  The last hearing was by video, I'm wondering if an in person one this time would be better? Anyone have any thoughts on this??
Nerve compression at L5, S1, Cervical Fusion at 4,5,6,7. Fibromyalgia, Diabetes, Severe Neuropathy in both legs, Severe Depression, Carpal Tunnel, Migraines, Sleep Apnea, Restless leg syndrome, Kidney Disease, Tendonitis, BPPV, Occipital Neuralgia, Raynaud's, Hypothyroidism, Mild hearing loss-both.

SFVLance

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Re: Won a Remand!
« Reply #1 on: April 23, 2020, 08:42:53 pm »
The last hearing was by video, I'm wondering if an in person one this time would be better? Anyone have any thoughts on this??

First of all... :Celebrate16:

Secondly, I don't have an answer to your question, but remember that when your hearing rolls around, video hearings will (probably) be more commonplace.

But again, :Celebrate16:!
Los Angeles, CA

Short Version: Filed June 2012 at age 46; major depression + general anxiety. Denied all the way. Fed district court remanded, 2nd hearing delayed twice (11 months total delay). Bench approval at remand hearing in March 2017. Took over six months to receive closed-period award pymt.

WiltingRose

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Re: Won a Remand!
« Reply #2 on: April 23, 2020, 08:49:15 pm »
Thanks!  :Happy07:
Nerve compression at L5, S1, Cervical Fusion at 4,5,6,7. Fibromyalgia, Diabetes, Severe Neuropathy in both legs, Severe Depression, Carpal Tunnel, Migraines, Sleep Apnea, Restless leg syndrome, Kidney Disease, Tendonitis, BPPV, Occipital Neuralgia, Raynaud's, Hypothyroidism, Mild hearing loss-both.

newdawn

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Re: Won a Remand!
« Reply #3 on: April 24, 2020, 12:44:36 am »
So I just got the letter from AC saying they are remanding my case back to the ALJ.  They found several errors in law that I didn't even mention! They AC says the ALJ found that I do indeed have severe carpal tunnel syndrome, but never asked the VE about jobs I could do with limitations resulting from that impairment.  They also want the ALJ to explain why she listed the jobs I could do as "light" when all evidence points to at most, Sedentary.  I had submitted evidence that my lawyers forgot at my hearing and the AC stated that I gave " good reason" why they were not and therefore are allowable.  One was that my Dr. prescribed a rollator due to spinal impairment and balance issues. The other was that I was indeed diagnosed with BPPV and have severe balance issues. The ALJ at my hearing would not rule on the balance issues because all that was submitted was documentation of physical therapy that I was undergoing for it.
         The AC stated that this information is new, material and relates to the period at issue and that there is reasonable probability that this additional evidence would change the outcome of the decision. I am also allowed to submit new diagnosis' which I have a couple ( one severe).  I am over the moon!! My lawyer has been terrible!! He didn't know what the 25 day letter was and didn't want to submit anything.  The reason he wrote for my Appeal? The ALJ erred.  That's it.  So, I took it upon myself to write out my reasons I thought the ALJ erred, with the help from this Forum, and it looked pretty darn professional if I do say so myself. I sent it after receiving 25 day letter.  I also sent in the missing evidence from hearing and ongoing medical reports.
         I called my lawyer today and he didn't know anything about the remand.  They have not got in touch with me since last Sept!! He set up an appt. for early May. He was kinda shocked when I told him about the remand. He said it is very rare and that his firm has only had 3!! I am cautiously optimistic, but I know that my ALJ has only a 28% approval rate.  She wasn't mean or anything so I am pleased about that.  Now, I hurry up and wait some more for the hearing date.  The last hearing was by video, I'm wondering if an in person one this time would be better? Anyone have any thoughts on this??

Big congrats on your remand! Great job on getting that evidence submitted and accepted and taking the reins from your lawyer on the brief.

Do they say anywhere in the remand paperwork about about scheduling? Requesting an in-person hearing might mean you'd get a new judge but I'm not sure how you go about requesting it. (I normally would say here, ask your lawyer about it but they seem rather clueless.)

Also, (no offense) but your lawyer sounds awful. I mean, really bad.  :Angry19: <--That's my angry face.

It really irks me when attorneys submit appeal paperwork with just generic placeholder stuff like "the judge erred" or "the claimant cannot work"*, claimant is "disabled and unable to work at a minimal level"**, etc. for reconsideration or other levels of appeal. No wonder your lawyer's firm rarely gets remands. It's almost like they're just spamming the Appeals Council and every once in awhile they luck out and get a bite.

*The second quote is from one of Mjwhite's attorney's "placeholder appeals" for an AC brief the attorney never got around to writing before dropping mjwhite as a client:

https://ssdfacts.com/forum/index.php?topic=23636.msg217434#msg217434

**Third quote to also demonstrate that every once in a while, these generic appeals will yield a remand (despite it not being best practices as far as I'm aware):

https://ssdfacts.com/forum/index.php?topic=23016.msg212361#msg212361
« Last Edit: April 24, 2020, 12:47:42 am by newdawn »
Location: IL
Age at Application: 31
Disability: Depression, anxiety
Applied: 11/2013
First Denial: 03/2014
Reconsideration Denial: 11/2014
Hearing: 11/13/15 (Friday the 13th!)
ALJ Approval: 01/15/16 Fully Favorable
Back Pay: 02/13/16
Award Letter: 02/17/16
1st monthly benefit: 03/21/16

Katiesdad2019

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Re: Won a Remand!
« Reply #4 on: April 24, 2020, 05:37:37 am »
Congrats on your remand, I just got mine a few weeks ago .
Still waiting on a date for a new hearing, my first hearing was in person with a local judge-
but I agreed to a video hearing on the form I mailed back. I did this because I have no idea
when Masschuttes where I live is going to be doing live hearings with corona.

Good job writing the AC , stating your case. Your lawyer sounds incompetent , sorry to hear.

After my ALJ denial, my lawyer called me and asked if there are any issues we can address with AC, so since I used to be a paralegal- I wrote a long , detailed brief which she submitted and I got the remand .

Good luck on your remand .

Dis4logic

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Re: Won a Remand!
« Reply #5 on: April 24, 2020, 09:07:07 am »
@WiltingRose and @KaitiesDad2019

Congrats for the remand! It is claimants and beneficiaries like you that will eventually win, more often than not. Being detailed, proactive, analytical, and/or having some intenal strength or adversity skills under stress, and by not assuming that lawyers, medical and government workers are always competent, rational or on your side or without some agenda, may be actually the formula to prepare harder, be motivated more, allowing one to sift fact from fiction better, and to sustain the battle longer, until those wrongs are overturned.

I mean, those who have too much faith in the processes, systems and various people of those clinics, firms and agencies may often lose their cases more than those others. To not question some things, expect others to know or do everything, and to accept everything as truth or how it appears on the surface is a formula more often to fail. Not always does just the right evidence win, but the right mindset and fighting spirit to win. Those are my opinions, and each will have their own, but for me, thinking, feeling, acting and reacting in those ways helps me be my best.
« Last Edit: April 24, 2020, 09:11:58 am by Dis4logic »
Education: BS Math
Work History: None to SGA
Applied: 1992 (Age 26)
CE: 1992
Diagnoses: AvPD, Social Anxiety, OCD
Approved: 1992
First CDR: 1994
Second CDR: 1996
Third CDR: 2016
Next CDR: 2024
Treatment History: None since 1992 (Nature of Conditions Prevents It)

coach745

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Re: Won a Remand!
« Reply #6 on: April 24, 2020, 04:41:06 pm »
I received a letter from my Congressman. He asked the appeals council for an official update because he has ’t received anything even though I told him My wife won a remand. He wanted know has the new hearing been scheduled. I told him it hasn’t and I haven’t been able to get anyone on the phone. He said he would find out for us. So I’ll cross my fingers on that. I’m glad he is still checking on us after we won the remand. With what’s going on now it’s hard for us to find out anything.
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

Kicksnomore

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Re: Won a Remand!
« Reply #7 on: April 25, 2020, 06:48:17 am »
Congratulations on the remand!!  Sounds very similar to my remand.  Hopefully this time will be an approval.
Disability: RA
Applied: 3/2015 (onset 8/2014)
First Denial: 6/15
Reconsideration Denial: 8/15
Hearing: 7/17
ALJ Denial: 9/17
AC Appeal: 11/19
AC Remand: 4/19
ALJ Hearing 2: 3/20
Fully favorable: 3/20

WiltingRose

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Re: Won a Remand!
« Reply #8 on: April 25, 2020, 08:12:01 pm »
newdawn, Thank You. I think I am more of a lawyer than my lawyer is, lol. At least in the sense that I've done more work on my case than he has. Those different scenario's you posted were crazy! Guess it just goes to show that one never knows when it comes to the AC.
 
Katiesdad2019, Congrats on your remand as well! My first hearing was by video, and I suspect with this Covid-19 the next one will be as well.  I don't mind because it would be very hard for me to travel the 3 1/2 hours to the city where the ALJ is.  Praying this is our year for Approval. <3

Dis4logic,Thank you so much for the kind words. I know this can drag out for years and years and I'm leaving my fate in incompetent hands! I gave my lawyer his chance and he blew it. If I don't succeed this time at least I know I gave it everything I had. 

Coach745, I'm so glad your Congressman is in your corner. I hope he can get things rolling faster than it normally would. Wishing us all Fully Favorable outcomes this time!

Kicksnomore, I've followed your case from the beginning. You are a role model for all of us here in SSDI limbo land.  You went through the battlefield and came out victorious in the end. May we all find the strength and perseverance that you did to see our own battles through until we too are victorious! Thank You. <3
Nerve compression at L5, S1, Cervical Fusion at 4,5,6,7. Fibromyalgia, Diabetes, Severe Neuropathy in both legs, Severe Depression, Carpal Tunnel, Migraines, Sleep Apnea, Restless leg syndrome, Kidney Disease, Tendonitis, BPPV, Occipital Neuralgia, Raynaud's, Hypothyroidism, Mild hearing loss-both.

Kicksnomore

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Re: Won a Remand!
« Reply #9 on: April 26, 2020, 10:09:34 pm »
Thanks Wiltingrose, such kind words.
Disability: RA
Applied: 3/2015 (onset 8/2014)
First Denial: 6/15
Reconsideration Denial: 8/15
Hearing: 7/17
ALJ Denial: 9/17
AC Appeal: 11/19
AC Remand: 4/19
ALJ Hearing 2: 3/20
Fully favorable: 3/20

WiltingRose

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Re: Won a Remand!
« Reply #10 on: July 15, 2020, 03:21:38 pm »
Update: Talked to my lawyer today and was told my hearing is Scheduled for September 30th, by phone.  I'm so excited, yet still nervous.  My primary doctor is an angel and said she would absolutely do an updated RFC for me. This will be next Monday.  Also, my ALJ's approval rating went from 27% to 34 %. That has to be a good sign, right? Hoping and praying that we are all successful in this battle for disability.  What we would rather not have, but desperately need to live.

Nerve compression at L5, S1, Cervical Fusion at 4,5,6,7. Fibromyalgia, Diabetes, Severe Neuropathy in both legs, Severe Depression, Carpal Tunnel, Migraines, Sleep Apnea, Restless leg syndrome, Kidney Disease, Tendonitis, BPPV, Occipital Neuralgia, Raynaud's, Hypothyroidism, Mild hearing loss-both.

newdawn

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Re: Won a Remand!
« Reply #11 on: July 16, 2020, 11:51:20 am »
Update: Talked to my lawyer today and was told my hearing is Scheduled for September 30th, by phone.  I'm so excited, yet still nervous.  My primary doctor is an angel and said she would absolutely do an updated RFC for me. This will be next Monday.  Also, my ALJ's approval rating went from 27% to 34 %. That has to be a good sign, right? Hoping and praying that we are all successful in this battle for disability.  What we would rather not have, but desperately need to live.

Thanks for updating! September 30th is just around the corner. Hoping for a positive outcome for you this time around.
Location: IL
Age at Application: 31
Disability: Depression, anxiety
Applied: 11/2013
First Denial: 03/2014
Reconsideration Denial: 11/2014
Hearing: 11/13/15 (Friday the 13th!)
ALJ Approval: 01/15/16 Fully Favorable
Back Pay: 02/13/16
Award Letter: 02/17/16
1st monthly benefit: 03/21/16

xshellybx

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Re: Won a Remand!
« Reply #12 on: July 16, 2020, 12:42:04 pm »
I know it's a lot sweeter since you put the effort in to make it happen. I know for me I get more the I feel so proud of myself when I'm capable of beating the odds since I've become disabled. Congratulations on your hard work!           :Celebrate12: :Celebrate12: :Celebrate12:
"Be a nuisance when it counts. Do your part to inform and stimulate the public to join your action. Be depressed, discouraged, and disappointed at failure and the disheartening effects of ignorance, greed, corruption and bad politics — but never give up."  Marjory Stoneman Douglas

WiltingRose

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Re: Won a Remand!
« Reply #13 on: July 16, 2020, 08:49:27 pm »
xshellybx, thanks! I most definitely had a "proud" moment when I got the remand.  I'm hoping and praying I get approved this time.  I am happy it's a phone hearing, because I feel a bit intimidated in the court setting.  I can't imagine someone who wouldn't be.  As terrible as this pandemic is, I think it's a blessing in disguise to have phone hearings right now.  Here's hoping we all get approved.  :Support08: :Support16:
Nerve compression at L5, S1, Cervical Fusion at 4,5,6,7. Fibromyalgia, Diabetes, Severe Neuropathy in both legs, Severe Depression, Carpal Tunnel, Migraines, Sleep Apnea, Restless leg syndrome, Kidney Disease, Tendonitis, BPPV, Occipital Neuralgia, Raynaud's, Hypothyroidism, Mild hearing loss-both.

Kicksnomore

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Re: Won a Remand!
« Reply #14 on: July 17, 2020, 01:59:11 pm »
Great news on the hearing date.  Keep us updated.
Disability: RA
Applied: 3/2015 (onset 8/2014)
First Denial: 6/15
Reconsideration Denial: 8/15
Hearing: 7/17
ALJ Denial: 9/17
AC Appeal: 11/19
AC Remand: 4/19
ALJ Hearing 2: 3/20
Fully favorable: 3/20