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Author Topic: Remand and 2 nd application heading to alj  (Read 7890 times)

defeatedwithanxiety

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Remand and 2 nd application heading to alj
« on: May 03, 2022, 10:30:46 am »
I received a remand for my first case filed with aod sept 2018. My second app is under review waiting for an alj. Do they send out a letter showing why it was remanded and what needs to be addressed? Since I have two cases do they combine them or do I have to have two separate hearings? My second app has been in review for two months. Anyone have a timeline for when either hearing might be? Im in CA
GAD w panic attacks,depression, spasmodic torticollis, mast cell activation syndrome, dysautonomia/ortho hypotension, undifferentiated connective tissue disorder.

38
Initial filed 09/2018 denied
Recon denied
ALJ 1/21 denied
AC denied
Filed federal 08/21
New app 2/21 denied
At recon with new records

defeatedwithanxiety

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Re: Remand and 2 nd application heading to alj
« Reply #1 on: May 03, 2022, 10:38:21 am »
Also is it possible to be approved without having to have a hearing or is that extremely rare? I have so many new documents and limitations from doctors and specialists in my file but it almost seems impossible to get approved before the hearing part.
GAD w panic attacks,depression, spasmodic torticollis, mast cell activation syndrome, dysautonomia/ortho hypotension, undifferentiated connective tissue disorder.

38
Initial filed 09/2018 denied
Recon denied
ALJ 1/21 denied
AC denied
Filed federal 08/21
New app 2/21 denied
At recon with new records

SFVLance

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Re: Remand and 2 nd application heading to alj
« Reply #2 on: May 03, 2022, 11:13:16 am »
Are you talking about a remand from federal district court? If so, yes, your attorney will either receive a copy of the remand order which explains the reasons, or your attorney can access it on PACER, the federal court's case tracking system.

Yes, it is possible to have an approval without a hearing. I don't think that's "extremely rare", but I don't have those specifics.
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.

defeatedwithanxiety

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Re: Remand and 2 nd application heading to alj
« Reply #3 on: May 03, 2022, 01:00:08 pm »
Thanks SFVLance. Yes it was remanded from federal court. I dont know very much about the process from here as I just went online and found my case plus my lawyer sent me a letter saying we were granted a remand but there werent any details. My 2 nd one is showing under review for hearing for two months on ssa website. An approval without another hearing would be nice, but then again it would have been nice to get approved at the first hearing so now we wait some more. Ill update when I get another letter.
GAD w panic attacks,depression, spasmodic torticollis, mast cell activation syndrome, dysautonomia/ortho hypotension, undifferentiated connective tissue disorder.

38
Initial filed 09/2018 denied
Recon denied
ALJ 1/21 denied
AC denied
Filed federal 08/21
New app 2/21 denied
At recon with new records

Disabledvet100%

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Re: Remand and 2 nd application heading to alj
« Reply #4 on: May 03, 2022, 06:57:48 pm »
Well there are several ways SSA can handle the second claim while you have a federal remand.  I got the worst scenario which is I won my 2nd claim with the ALJ and then they vacated my hearing and combined them in a new hearing this July.  I feel that this is unfair but they can do it.  Perhaps they will just award you outright at the AC.
Initial & Recon 9/19-DENIED
ALJ Hearing 5/20 & Appeals Council 10/20 -DENIED                                             
Federal District Court 01/21- REMANDED
 SECOND FILING
Initial& Recon 8/20-DENIED
ALJ Hearing- 03/22 Fully Favorable than vacated
Combined ALJ Hearings with Remand-TBD

defeatedwithanxiety

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Re: Remand and 2 nd application heading to alj
« Reply #5 on: May 03, 2022, 08:43:27 pm »
That is terrible that they would do that. This whole process is cruel for us that are sick not to mention the mental stress. When you say maybe the AC will just approve benefits, if you get a remand from federal after AC denied to review does it go back to AC? Or does it go to ALJ for a new hearing or a second look?
GAD w panic attacks,depression, spasmodic torticollis, mast cell activation syndrome, dysautonomia/ortho hypotension, undifferentiated connective tissue disorder.

38
Initial filed 09/2018 denied
Recon denied
ALJ 1/21 denied
AC denied
Filed federal 08/21
New app 2/21 denied
At recon with new records

DepressedGuessed

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Re: Remand and 2 nd application heading to alj
« Reply #6 on: May 04, 2022, 05:51:33 am »
That is terrible that they would do that. This whole process is cruel for us that are sick not to mention the mental stress. When you say maybe the AC will just approve benefits, if you get a remand from federal after AC denied to review does it go back to AC? Or does it go to ALJ for a new hearing or a second look?

After federal remands the claim for further review it goes to the AC who will then:
1) send back to the local office to set up a new ALJ hearing (most likely scenario)
2) send back to local office for reconsideration (rare, but have seen on one occasion recently when claimant had stroke following ALJ hearing, not sure why fed judge didn't just remand for benefits award)
3) make a fully favorable finding without hearing (I think the stats on that are somewhere, I remember them being very very low)

Because DVs 2nd claim was fully favorable but 1st claim was not, they may run into situation where they are denied for the initial dates but approved for the second half so it may just be a delay.  Cases I've seen like this are usually denied from date of injury to date of first ALJ decision (which is about 1.5-2 years) but approved from date of ALJ decision moving forward. 

I made a post about timeframes a few days ago and it would be great if you would include the information about your claim filing timeline there.  I'm trying to get some folks like ourselves who are in the middle of the process to post there so we can have a thread  with more current data. 

DepressedGuessed

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Re: Remand and 2 nd application heading to alj
« Reply #7 on: May 04, 2022, 06:11:39 am »
That quote was a mistake on my part, just search for "timeframe questions" or look at recent posts for the topic "timeframe questions

Helper

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Re: Remand and 2 nd application heading to alj
« Reply #8 on: May 04, 2022, 06:12:31 am »
Depressed Guessed - re: your #2 - maybe the Federal Judge wanted to give the option to approve with an adjusted onset date.
Moderator

defeatedwithanxiety

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Re: Remand and 2 nd application heading to alj
« Reply #9 on: May 22, 2022, 11:23:52 pm »
Still no news. 2nd app
States ALJ is reviewing since march 3rd and will schedule a hearing if necessary. Im in southern cali. Is it normal for it to be sitting this long? Lawyer sent in request for hearing a while ago. Not sure if maybe they are reviewing to see if they can approve since my first hearing was remanded from federal. Anyone have any clue what is happening or how long to schedule my second hearing? Remanded case was beginning of April and still waiting on info on that one from attorney also. My first hearing only took about 5 months to go before ALJ.
GAD w panic attacks,depression, spasmodic torticollis, mast cell activation syndrome, dysautonomia/ortho hypotension, undifferentiated connective tissue disorder.

38
Initial filed 09/2018 denied
Recon denied
ALJ 1/21 denied
AC denied
Filed federal 08/21
New app 2/21 denied
At recon with new records

Yesenia313

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Re: Remand and 2 nd application heading to alj
« Reply #10 on: June 02, 2022, 03:50:02 pm »
Please keep us posted.
Yesenia313