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Author Topic: Federal Court Remanded Case!  (Read 1450 times)

Shalynn19

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Federal Court Remanded Case!
« on: August 14, 2022, 01:51:39 pm »
Hey guys been a memeber for awhile now, but just been reading everything. Ok a little back story. I applied in Jan of 2017. Got denied, appealed, denied, hearing in Aug of 2020 amended onset date from Jan 2016 to June 2916, but denied me, appeals council denied remand. Federal Court finally remanded my case in March of 2022. During this time while waiting for Federal courts I done another application and got approved on initial application they went back to Oct of 2020. Ok so now my question lol My Federal was remanded my case, went back to appeals council they vacated the previous decesion and sent back to alj. I got the letter in June. I called the hearing office to tell them I prefer a phone hearing because I got the covid 19 letter asking. They lady took my info and at the end of the conversation said I'll put it all in the system but it isn't gonna be necessary because the judge is deciding your case, I was confused and asked why she said I can't tell you. So I called my lawyer and told her and she said don't worry about it it's just pre hearing review. As soon as we hung up she called back and said she looked in the system and ut says decesion has been made and it's with decesion writers so I basicly won. My question is will they stay with the amended onset date or go back to the priginal Jan 2016 onset date??? And how long does it take to actually get the backpay????

Helper

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Re: Federal Court Remanded Case!
« Reply #1 on: August 14, 2022, 09:46:58 pm »
In order to make an On the Record decision (without the hearing), the decision has to be fully favorable. So, whatever onset date you currently have on your application.

They cannot start calculations of backpay until the approval letter is written and signed.  So, likely 60-90 days from when you get the approval letter.
« Last Edit: August 14, 2022, 09:49:01 pm by Helper »
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Shalynn19

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Re: Federal Court Remanded Case!
« Reply #2 on: August 15, 2022, 09:06:32 am »
Thank you so much for your reply :)

CKD-Fred

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Re: Federal Court Remanded Case!
« Reply #3 on: August 16, 2022, 09:15:41 am »
Congrats Shalynn --- sounds like you'll be Good-to-Go soon.
It's just a "time thing", hang in there.
Update us when you know more.
 :Happy03:
Disability:  Kidney Disease, Anxiety, Back Problems
State:  North Carolina
File Date:  Oct 2020
Age at Filing:  58
File Method:  Online App, No Lawyer
Status:  Approved w/Backpay July 2021
Monthly SSDI Pmts Began:  Aug 2021

Shalynn19

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Re: Federal Court Remanded Case!
« Reply #4 on: August 16, 2022, 10:28:07 am »
I will for sure. It's still with the decesion writers.

Disabledvet100%

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Re: Federal Court Remanded Case!
« Reply #5 on: August 16, 2022, 03:07:33 pm »
Awesome sauce.  We had very similar stories wending with an On the Record Decision.  My first payment will be in September.
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

Shalynn19

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Re: Federal Court Remanded Case!
« Reply #6 on: August 16, 2022, 07:06:19 pm »
Can I ask how long it took to get the letter and for them to calculate backpay if any??

Disabledvet100%

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Re: Federal Court Remanded Case!
« Reply #7 on: August 17, 2022, 03:14:47 pm »
The OTR was early July, i received fully Favorable Letter first week in August.  I received the 2nd letter August 12.  My first payment will be in September. 
They will subtract 2 months of Medicare Premium from my September payment.  I know how much they owe me and I filed February 19.
I have no idea of when i will get the backpay. 
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

Shalynn19

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Re: Federal Court Remanded Case!
« Reply #8 on: August 17, 2022, 10:33:53 pm »
Hopefully it will be soon :) The judge just sent it to decesion writer last Thursday so maybe soon. Prayers it gets to you soon thank you so much.

Disabledvet100%

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Re: Federal Court Remanded Case!
« Reply #9 on: August 18, 2022, 07:52:59 am »
Wishing you the best!
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

Shalynn19

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Re: Federal Court Remanded Case!
« Reply #10 on: August 20, 2022, 02:58:14 pm »
Hey guys been a memeber for awhile now, but just been reading everything. Ok a little back story. I applied in Jan of 2017. Got denied, appealed, denied, hearing in Aug of 2019 amended onset date from Jan 2016 to June 2016, but denied me, appeals council denied remand. Federal Court finally remanded my case in March of 2022. During this time while waiting for Federal courts I done another application and got approved on initial application they went back to Oct of 2019. Ok so now my question lol My Federal was remanded my case, went back to appeals council they vacated the previous decesion and sent back to alj. I got the letter in June. I called the hearing office to tell them I prefer a phone hearing because I got the covid 19 letter asking. They lady took my info and at the end of the conversation said I'll put it all in the system but it isn't gonna be necessary because the judge is deciding your case, I was confused and asked why she said I can't tell you. So I called my lawyer and told her and she said don't worry about it it's just pre hearing review. As soon as we hung up she called back and said she looked in the system and ut says decesion has been made and it's with decesion writers so I basicly won. My question is will they stay with the amended onset date or go back to the priginal Jan 2016 onset date??? And how long does it take to actually get the backpay????

Shalynn19

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Re: Federal Court Remanded Case!
« Reply #11 on: August 20, 2022, 02:59:10 pm »
Sorry I was trying to fix the dates and not sure how to edit the post lol. But is Oct 2019 and August 2019

newdawn

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Re: Federal Court Remanded Case!
« Reply #12 on: August 20, 2022, 04:01:57 pm »
Sorry I was trying to fix the dates and not sure how to edit the post lol. But is Oct 2019 and August 2019

Once you've made 50 posts on the forum, you can edit your posts.  :Main18:
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

Shalynn19

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Re: Federal Court Remanded Case!
« Reply #13 on: August 21, 2022, 09:42:26 am »
Thank you so much!!