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Old 01-18-2009, 02:08 PM   #1
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Case is being remanded...

back to the ALJ. I had my hearing last April or May (can't remember exact month) and judge denied my case w/out considering all of my medical/mental issues. I sent a letter of complaint about judge to SS and they agreed with me--the judge didn't handle my case correctly.

They are ordering ALJ to review ALL of my disabilities. I am guessing that I will have to see one of their p-docs, but I do not care. I will probably have the same judge, but again, I do not care. He is gonna hear me and will not cut me off this time. This is the first time I have felt any sprig of hope during this long, exhausting process.

FYI, I filed for SSD in July 2005. So, as you can imagine, I am ready for this to be done.

 
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Old 01-18-2009, 04:03 PM   #2
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Re: Case is being remanded...

good luck, I will keeping good thoughts for you! I take a minute everyday to say a prayer for everybody struggling to get their disability. I just doesn't make any sense to me, its insurance, that we pay for,its part of the social contract. Work, pay taxes, obey the law,vote. But when something happens and you get sick enough to be disabled, well, then all of a sudden your suspect, they start using words like moral hazard blah blah blah. I liked the wages I made working, I liked my nice car and my friends. I liked paying my bills and being able to go shop and work in my yard. Who in their blooming right mind would CHOOSE poverty. But at least for me, getting sick has improverished me and the best I can pray for is to be approved for ssdi which I have paid into for 35 years. Just a glimmer of hope that I will be one of the lucky ones that they will not screw with for 4 or 5 years calling a lier.
Really, I hope things go well for you, they got to do something about this stuff, its not right to treat the american people like this.

 
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Old 01-18-2009, 07:27 PM   #3
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Re: Case is being remanded...

Thank you, it is not right that SS can continue to do this to people. I have read and re-read the letter I just got from Appeals Council and they state clearly that the ALJ did not consider my entire file. The file that they have on me is HUGE--10-12" thick.

I like your thoughts on who in thier right mind would choose this kind of existance. I made a good wage too when I worked. I am now 45+ and started working at 15, so I know that I have paid in a lot of money over the years. SS is a great example of the incompetence of our government offices.
SS could take advantage of technology today and reduce some of the wait.

 
Old 01-26-2009, 01:00 PM   #4
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Re: Case is being remanded...

HI I just read your note. I too filed in July of 2005. Got denied all the way to the ALJ and then denied again. The jusge and my lawyer argued over my file for 18 minutes. It was terrible. So I appealed and am still waiting to hear from Appeals Council. How long does this take. I filed in Jan 2008 and have heard nothing as of yet. In the meantime I filed all over again and got it on the first try. How does this happen?

 
Old 01-26-2009, 01:53 PM   #5
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Re: Case is being remanded...

The appeal was sent to appeals council last summer.

I talked with attorney's office today and he said that since my case is going back to ALJ, it will have priority in setting a date for another hearing, because it is dated July 2005 and is likely one of the oldest cases in the office.

I am glad to hear you finally got disability. I am not sure about your appeal. Do you have an attorney? I thought that if you re-applied, your original case was void? I am not sure though. This is SS way of not paying back-pay.

 
Old 01-27-2009, 05:10 PM   #6
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Re: Case is being remanded...

Quote:
Originally Posted by daph10 View Post
I filed in Jan 2008 and have heard nothing as of yet. In the meantime I filed all over again and got it on the first try. How does this happen?
This is the exact same thing that happened to me. I had to re-apply in Aug,2008, and just got my fully favorable (from Aug 08 anyway). When I was denied, they said I could work in sales or outside sales (my pain meds consist of Fentenal, Morphine, etc. Go figure. Glad it is over but sure wish they did not @@@@@ me out of about 50K of back pay.

As stated above, I made a whole lot more $$ when I was working then I will be getting for Disability. And I was able to do things and go places, I would much rather be able to work and have a regular life again...

You will get approved first time if you re-apply...

Good Luck,
Emmett

 
Old 01-28-2009, 08:31 AM   #7
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Re: Case is being remanded...

Quote:
Originally Posted by daph10 View Post
HI I just read your note. I too filed in July of 2005. Got denied all the way to the ALJ and then denied again. The jusge and my lawyer argued over my file for 18 minutes. It was terrible. So I appealed and am still waiting to hear from Appeals Council. How long does this take. I filed in Jan 2008 and have heard nothing as of yet. In the meantime I filed all over again and got it on the first try. How does this happen?
Its a good trick Social Security plays on the desperate, and a lot of folks are deperate and can't wait,and they reapply. This way Social Security avoids paying you all that backpay, from the time you originally filed on your first try

So best advice is try to hold on, wait it out, fight it, otherwise if you apply all over again, you loose out on some much needed back pay that will help fund your future. Good Luck to all of you.

 
Old 01-28-2009, 11:23 AM   #8
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Re: Case is being remanded...

My lawyer told me to reapply, while waiting for appeals council to review. So I did and got it on first try. So the lawyer gets nothing. Now the appeals is still pending. When u appeal you get to reapply whithout it hurting your appeal. That does not mean you will get the appeal, however at least I got SSDI. I am just wondering I appealed to council in Jan 08 and have not heard one thing so far. Thnx for all your input DIane

 
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