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Author Topic: Court remand - how long until first SSA contact after?  (Read 2203 times)

fibro_in_wv

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Court remand - how long until first SSA contact after?
« on: November 22, 2021, 03:47:27 pm »
I managed to get a voluntary remand from federal district court as a pro se (without an attorney) plaintiff. I'm beyond pleased with myself  :Main09: But, as soon as I heard from the attorney for SSA that they were going to motion for voluntary remand, my thoughts went straight to needing to find an attorney to represent me for a remand hearing. I contacted the one law firm I spoke with when trying to get an attorney to take my case to federal district court that treated me with respect - I reached out to over twenty, and this one was the only one that had back and forth with me over the details of my case and gave a reasonable explanation for not taking my case at that time (not knowing for certain what was in the administrative record, if there was evidence to back my arguments). The ALJ's decision from before read like he was an attorney for SSA giving closing arguments, not an impartial judge. Lots of taking my words and the facts and interpreting them in the worst way possible. I can easily see this guy deciding that, should I represent myself at the hearing and do a good job, my defending myself is proof I can work. There's also a big difference between having to think on the spot during a hearing and having time to research and write your argument... I'm really glad this law firm agreed to take my case.

However, paperwork for them to represent me can't be filed until we know I'm back in the SSDI systems. We're waiting for SSA to send me mail directly for them to submit the paperwork. For anyone who received a remand from court, do you know how long it was before you heard directly from SSA? I was thinking I'd get mail from them explaining next steps once the court case was officially closed, but it's been a few weeks with no word. I want to make sure the legal people have plenty of time to correct mistakes my last attorney's firm made and get my doctor's response to the previous ALJ denial (and footage from the Cooperative Disability Investigations Unit that was misinterpreted). Yeah, they can request extra time when it's at the hearing office if it's needed to develop the record, but I would like to get through the hearing and to an approval as quickly as possible... It'd help with an appeal to my ERISA disability insurer, having received SSDI with its more stringent requirements to qualify.

(Next time I hear from that law firm, I'll ask them if I should just call the local SSA office to ask if my case is back with them/if they'd accept paperwork confirming a new attorney yet. It's just weird to me that they send out stuff like "Acknowledgment of a Request for Hearing" but not something once they voluntarily remand a case from court...)

newdawn

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Re: Court remand - how long until first SSA contact after?
« Reply #1 on: November 22, 2021, 05:05:59 pm »
I managed to get a voluntary remand from federal district court as a pro se (without an attorney) plaintiff. I'm beyond pleased with myself  :Main09: But, as soon as I heard from the attorney for SSA that they were going to motion for voluntary remand, my thoughts went straight to needing to find an attorney to represent me for a remand hearing. I contacted the one law firm I spoke with when trying to get an attorney to take my case to federal district court that treated me with respect - I reached out to over twenty, and this one was the only one that had back and forth with me over the details of my case and gave a reasonable explanation for not taking my case at that time (not knowing for certain what was in the administrative record, if there was evidence to back my arguments). The ALJ's decision from before read like he was an attorney for SSA giving closing arguments, not an impartial judge. Lots of taking my words and the facts and interpreting them in the worst way possible. I can easily see this guy deciding that, should I represent myself at the hearing and do a good job, my defending myself is proof I can work. There's also a big difference between having to think on the spot during a hearing and having time to research and write your argument... I'm really glad this law firm agreed to take my case.

However, paperwork for them to represent me can't be filed until we know I'm back in the SSDI systems. We're waiting for SSA to send me mail directly for them to submit the paperwork. For anyone who received a remand from court, do you know how long it was before you heard directly from SSA? I was thinking I'd get mail from them explaining next steps once the court case was officially closed, but it's been a few weeks with no word. I want to make sure the legal people have plenty of time to correct mistakes my last attorney's firm made and get my doctor's response to the previous ALJ denial (and footage from the Cooperative Disability Investigations Unit that was misinterpreted). Yeah, they can request extra time when it's at the hearing office if it's needed to develop the record, but I would like to get through the hearing and to an approval as quickly as possible... It'd help with an appeal to my ERISA disability insurer, having received SSDI with its more stringent requirements to qualify.

(Next time I hear from that law firm, I'll ask them if I should just call the local SSA office to ask if my case is back with them/if they'd accept paperwork confirming a new attorney yet. It's just weird to me that they send out stuff like "Acknowledgment of a Request for Hearing" but not something once they voluntarily remand a case from court...)

Sorry I do not know the answer to your bolded question but I just wanted to congratulate you on getting the remand pro se and I'm so happy that the law firm you wanted is now willing to take your case.

 :Kudos01:

I had to go back to find your old post about the last minute CDIU evidence as I couldn't quite remember what the findings were:

https://ssdfacts.com/forum/index.php?topic=26728.msg247006#msg247006

It does appear they didn't find anything hugely contradictory to what you claim regarding your impairments. And I'm not sure I've seen anyone who "twists their torso" while pulling open a door, depending what they mean by twisting torso. What an odd way to describe someone opening a door.

 :Confused19:
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

SFVLance

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Re: Court remand - how long until first SSA contact after?
« Reply #2 on: November 22, 2021, 05:24:20 pm »
Congratulations on the remand!

In 2015, it took about 3 1/2 months from the date the FDC remanded the case until I received a notification packet from the OHO.
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.

fibro_in_wv

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Re: Court remand - how long until first SSA contact after?
« Reply #3 on: November 22, 2021, 08:12:07 pm »
Thanks, newdawn! I'm just hoping it helped shine some light on how that hearing office analyzes fibro cases. Makes me sad that people who probably should've gotten benefits likely gave up because attorneys here see them as hopeless cases. Still have some fighting to do, but at least SSA acknowledged that the last decision wasn't kosher.

SFVLance, ouch, 3.5 months... Guess it's another "hurry up and wait" situation. Ugh. Did they give you a hearing date with that mailing, or was it just to tell you your name was in the queue again?

SFVLance

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Re: Court remand - how long until first SSA contact after?
« Reply #4 on: November 22, 2021, 08:32:07 pm »
Unfortunately I don't have easy access to that letter. I know I spoke to someone at the OHO, but I don't recall whether that was when the remand showed in PACER, after I received the packet, or somewhere in-between.

I think it was closer to when I got an email notification from PACER; I do know that the SSA rep said it would take 13 months for a remand hearing, but it took about 5 1/2.
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.

fibro_in_wv

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Re: Court remand - how long until first SSA contact after?
« Reply #5 on: November 24, 2021, 04:54:41 pm »
No worries :) I just wish they would've given me info immediately after the court case closed, especially since I'd represented myself. I was in contact via email with the US attorney representing SSA, but there wasn't much point in asking her what to expect next, since that was beyond the scope of her job. Just drives me nuts, sitting around and waiting. With how fundamentally wrong the ALJ was in analyzing my fibromyalgia, I just want to be doing SOMETHING to fix that the second time around. It's nice to not be stuck researching legal cases anymore, but at least it gave me something to do to help myself for a time, you know?