Social Security Insider - Latest Comments in Denied at hearing? The Social Security Appeals Council EXPLAINED!

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

Jim Sprake — Tue, 31 Mar 2015 00:52:18 -0000

I received my SSI benefits well over ten years ago but discovered only two years ago that I rightfully should have been granted child survivor benefits instead. It has always been my contention that my disability (schizoaffective disorder which I am now receiving SSI for) occurred during my freshman year in college. I have only been to one attorney, who is not the attorney who won my benefits - due to the fact that I live in Los Angeles and my benefits were won in Spokane. The attorney did not take my case, claiming that it is impossible to prove the onset date, which must be before the age of twenty two. I feel that he is 'cherry picking', and filed anyway. The time for my hearing in front of the administrative law judge is fast approaching, and I need the best representation their money can buy , other than Louis Finkelberg, who up until now has been my only choice. Please advise me, as to burden of proof issues concerning my onset date (I left college despite a full ride scholarship and a history of high honor roll grades)due to this onset, and began to wander around aimlessly only to be arrested for minor indiscressions, at which point my disability was discovered but jails won't release my records, due to fear of litigation. #phone 3107338242 email address is jimsprake123@yahoo thanks.

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

TomaszStasiuk — Mon, 23 Feb 2015 21:33:37 -0000

The date for what?

If it is a hearing, a Virginia address may mean the case will be heard by video teleconference (VTC) from the Virginia National Hearing Center.

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

ECheyenne — Mon, 23 Feb 2015 21:30:11 -0000

This has been a long and drawn out struggle to get my child who is now 18 get SSI. She is now a Senior in high-school and we started this when she was in grade school and always being denied. She was diagnosed with Asperger's since she was in kindergarten I decided to apply for SSI when she was 9 years old. The lawyers she has have never given up on her case after all these years.My problem is the same judge always denied her even though the medical doctors they themselves had said she should get it but denied again now it will be 3 years this July. She has always had special classes and IEP this year they have her going to jobs for special needs children in high school to try and see if she finds a job with her limitations. He feels she needs to be medicated and if she is not then she is fine but she is not! She does not do well with medication and is a very sweet girl but solo is her way to be and that is ok by me. My question is I just got a letter from her lawyers and the date has been set for May but it is in VA? Why is that when we are in MO?

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

Ladyteguesian — Tue, 31 Jul 2012 16:22:04 -0000

Thanks for your candor.. I'm pretty gun shy after my last attorney barely showed up for my ALJ hearing..It was just a good excuse to go golfing..but I'll keep looking.

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

TomaszStasiuk — Mon, 30 Jul 2012 17:11:11 -0000

I would strongly recommend it.

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

TomaszStasiuk — Mon, 30 Jul 2012 17:10:45 -0000

I cannot refer you to anyone in Idaho. Since cases are so fact specific, any estimate of the odds is meaningless without looking at the specific evidence in the case. I encourage you to contact several attorneys and see who you feel comfortable with.

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

Ladyteguesian — Mon, 30 Jul 2012 13:28:08 -0000

Does she need an attorney representing her at a remand hearing?

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

Ladyteguesian — Mon, 30 Jul 2012 13:10:34 -0000

My denial from the ALJ came from misstatements and outright lies from the Disability Determination "doctor". He didn't have any of my medical records, x-rays or MRI's to look at, and I had them with me at that exam, and he still refused to look at them.. In his report, he said I did things that I can't and didn't do, then turned around and said that I couldn't tolerate neckbending or rotation. THEN said I could go back to my previous job of being a checker. The judge and Vocational "expert" both agreed with him, having never looked that the medical evidence themselves. I am now at the Appeals process. What are my chances of having his decision overturned. My attorney at the time dropped the ball on several occasions.. Are you licensed to practice in Idaho? Or do you know of a good attoney that is?

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

TomaszStasiuk — Mon, 21 May 2012 18:32:01 -0000

A remand is typically a "do-over" hearing: http://www.socialsecurityin....

The Appeals Council often provides specific instructions to the hearing judge regarding errors in the earlier hearing decision. This may include instructions that a medical or vocational expert needs to be consulted, or that the weight of specific evidence needs to be addressed, or an explanation of why certain evidence was given more weight than other evidence.

Some judges do a completely "do-over" asking everything they might at a new hearing. Other judges limit the hearing to just the topics raised by the Appeals Council.

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

Charlene — Mon, 21 May 2012 16:47:00 -0000

UPDATE!! I called the appeals council today with a question and found out they made a decision today in my favour of a remand back to the Judge. Can you tell me what happens at this point? I am glad they agreed with me at least to have the judge redo my hearing. What do I do from here? Any advice/tips. Thanks so much for your support the past year! Charlene

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

Charlene — Wed, 16 May 2012 22:14:47 -0000

Thank you Tomas! I will go ahead and fax them tomorrow asking for urgency..I appreciate your quick reply on this!!

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

TomaszStasiuk — Wed, 16 May 2012 20:54:03 -0000

Hi, Charlene. I'm glad you like the new look! I see wait times at the Appeals Council from 6 months to 18 months. However, if they are expediting the case for dire need and a specialist has been assigned, you may have something in 30 to 60 days. I have to tell you that this is only a guess on my part. You may want to contact the Appeals Council to find out if they are expediting the processing. Otherwise, you the wait may be quite a bit longer. Good luck!

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

Charlene — Wed, 16 May 2012 18:29:28 -0000

After 13 months of my appeal letter sitting at the Appeals Council office - my case has been recently assigned to a specialist. How long does a Specialist look at each case? Any estimates? I am going to be homeless after the end of next month and requested urgency. The office told me to fax this info to them. Do you think a specialist would look at my appeal request more than a month? Btw - I haven't been on here in a long time and your website has improved wonderfully. Thanks Tomas!

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

TomaszStasiuk — Tue, 11 Oct 2011 17:05:27 -0000

Check the fee agreement. Typically there is no change at the Appeals Council level.

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

judy — Tue, 11 Oct 2011 16:57:20 -0000

ok I had my hearing in front of a judge now I was told it takes up to 60 days to hear if am deined now if I go on with my attorney to the council apeal do I have to pay my attorney or does he get paid if I win thank you judy from wis

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

BENTON56_LESLIE — Thu, 09 Sep 2010 10:57:34 -0000

THE APPEAL COUNCIL REMAND MY CASE BACK TO THE HEARING OFFICE SO ANOTHER HEARING..WHICH IS ALREADY SCHEDULE ,THAT WAS QUICK: HOPEFULLY THIS IS IT....

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

TomaszStasiuk — Sun, 18 Jul 2010 00:46:47 -0000

I wish I could tell which cases would win based on a quick summary. There is a lot of work done to develop a case, become familiar with the medical records, and determine work-place limitations.

In my experience, cases almost never turn purely on the diagnosis. It is almost always a matter of determining the individual's limitations, treatment history, response to treatment, prognosis, etc.

A lawyer can certainly help with that, but no (ethical) lawyer can promise you that you will win.

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

Rowben1018 — Sat, 17 Jul 2010 23:28:12 -0000

my case is about knee injury, high blood pressure, diabetic and ears surgery and my name is Rowena Dagatan and I wonder if I can win my case with an attorney

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

KS — Thu, 01 Apr 2010 15:08:31 -0000

I wish I had read this article before I hired my lawyer for my hearing. He does not go beyond the hearing level and I have not been able to find a lawyer to help me at all.

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

Melissa — Sat, 13 Mar 2010 20:50:10 -0000

If I appeal a Partially Favorable decision from an ALJ, is it true that I WILL NOT be able to receive the benefits she awarded me once I file that appeal?

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

Julie — Wed, 17 Dec 2008 01:02:39 -0000

I recieved a partial favorable decision on my disability claim. I had filed for it Jan. 2006, was denied. Hired a lawyer and appealed on March, 2006. I had my video hearing on Sept. 2008. My main Dr. who I see every month for my main health issue and he is the Dr. who manages my pain etc., his office did not get the records into my lawyer before the hearing. The juge approved my disabilty onset as of April 15, 2008 based on the Dr. notes from my OBGYN. I have 10days left to appeal the onset date and send the Dr. notes from Jan 2006-Sep2008 since I need the medical insurance more than anything and need major surgery. I cannot wait 2yrs. from the April 2008 approval date. The only issue is the Dr. notes are somewhat vauge and I know the new judge doing the review can override and deny it. what are the chances they would change it?

Re: Denied at hearing? The Social Security Appeals Council EXPLAINED!

TomaszStasiuk — Wed, 17 Dec 2008 00:29:06 -0000

Julie,

Thanks for your comment! I see that you have read the site very
carefully and you asking a very intelligent question.

However, the Social Security Insider site can only provide general
information. I cannot perform case evaluations via email or comments.

Also, there are too many variables specific to your case to give you
the chances of the partially favorable decision being overturned.

You mention that you hired an attorney in 2006. If you still have
this attorney, he or she is in a much better position to address the
likelihood of winning on appeal (or conversely, losing everything).
Depending on the judge's reputation and your attorney's experience
with the judge it might even be possible to feel out the judge to see
if he or she would entertain reviewing the new evidence and issuing an
amended decision.

Now, I have never seen that happen! But depending on the strength of
the medical evidence and how clearly it shows disability as of the
earlier date, it might be worth trying.

However, it does nothing towards appealing your case. You always have
to keep the appeal deadline in mind, because once you are past the
deadline, you may not be to appeal.

I wish you the very best.

Tomasz M. Stasiuk
http://www.SocialSecurityIn...

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circumstances of your case, contact an attorney for a consultation.
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Phew!