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+  Social Security Disability Facts Forum
|-+  SSDI and SSI Disability Application Process
| |-+  Appeals Council and Federal Court Appeals
| | |-+  Appeals Council Wait TimeTheme modified by www.pinoyden.com | WebDesigns www.devph.com		 « previous next »
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Topic: Appeals Council Wait Time  (Read 1192 times)
masharp
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Posts: 55
« on: February 02, 2012, 08:52:11 AM »
I just wanted to know from those who have had a decision from the appeals council, how long was your wait time.  I am at 12 months now and am getting very frustrated.

Thanks
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Bonzai
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Posts: 172
« Reply #1 on: February 02, 2012, 09:31:47 AM »
I waited 17 months for my remand back to the ALJ.  Aug 2010 to Dec 2011.
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Name: Bonzai
Location: TN
Age at Application: 47
Disability: BP 1, OSA, HTN, DM II, Arthritis Knee
Date Applied: Feb 08
First Approval/Denial Date: Denied Dec 08
Reconsideration Approval/Denial Date: Denied Mar 09
Hearing Date: March 10
ALJ Approval/Denial Date: Denied June 10
Additional Info: Appealed 8/10 remanded back to ALJ 12/11
masharp
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Posts: 55
« Reply #2 on: February 02, 2012, 12:54:37 PM »
Bonzai I wasn't wanting to hear that.  I was hoping it would be shorter. Sad Sad Sad  I've already waited over 2 1/2 years total.
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Bonzai
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Posts: 172
« Reply #3 on: February 02, 2012, 01:38:21 PM »
Sorry, but you asked...

I applied in March 2008, so I am almost at four years of waiting on the system now. * sigh *

I wish I could have given you a better wait time.
Logged
Name: Bonzai
Location: TN
Age at Application: 47
Disability: BP 1, OSA, HTN, DM II, Arthritis Knee
Date Applied: Feb 08
First Approval/Denial Date: Denied Dec 08
Reconsideration Approval/Denial Date: Denied Mar 09
Hearing Date: March 10
ALJ Approval/Denial Date: Denied June 10
Additional Info: Appealed 8/10 remanded back to ALJ 12/11
emmy001
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Posts: 642


Roll Tide/ Often we are our own worst enemy
« Reply #4 on: February 02, 2012, 02:59:09 PM »
Bonzai that seems almost criminal  deliberate What they make us go through  sigh  hissyfit
Emmy
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Breast cancer survivor,osteoarthritis,spinal & foraminal stenosis 2 herniated lumbar disc with severe sciatica leg,radiculopathy,chronic bilateral sinus disease bursitis,gout,migraines,uterine fibroid,panic attack,depression, memory,DDD neck gerd,hypertension,bone spur,ureterocele,high BP
Name: Emmy
Location: Alabama
Age at Application: 47 years 10 months
Disability: back,osteoarthritis,depression,bursitis shoulder,education, to many to name
Date Applied: Feb 28 2011
First Approval/Denial Date: Denied/ May 5 2011
Reconsideration Approval/Denial Date: 05/18/2011 Lawyer appealed, received letter 08/01/2011 to get ready for hearing
Hearing Date: waiting
ALJ Approval/Denial Date: na
Additional Info: no reconsideration in my state
masharp
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Posts: 55
« Reply #5 on: February 02, 2012, 07:17:01 PM »
I don't know how they expect people to live.  They make us wait hoping we will give up the fight.  My attorney said I would have been approved at the hearing level if not for the judge I got.  I looked up her statistics and she has the second to worst denial rates in the entire state I live in.  I'm about to give up all hope.  Even if I do get a remand, it will go back to her and my chances will be zero just like before. 

I have been thinking a lot about going with my second claim that is just sitting at the ODAR office waiting on the appeals council to make their decision.  I know I would loose a lot, but maybe my chances would be better if I were able to get a different judge.  The waiting and then all the denials have really broken my spirits.  I don't know what I will do if I'm denied again. 

Does anyone know if you would get a different judge with the second claim if you gave up on the first one?
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SSDAdmin
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« Reply #6 on: February 02, 2012, 08:52:52 PM »
masharp,

Unfortunately there is no way to know what Judge you will get until just before the hearing. There is a new ruling that does not allow them to tell you who your Judge is going to be anymore.  So sadly you may get the same Judge and won't know until the last minute.

Marci
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I speak from experience not expertise.
Name: Marci
Location: Florida
Age at Application: 35
Disability: Arthritis, Degenerative Disc, Migraines, Foot Injury
Date Applied: September 2005
First Approval/Denial Date: Denied February 2006
Reconsideration Approval/Denial Date: Denied October 2006
Date Hearing Notice Received: October 2008 two weeks before hearing
Hearing Date: October 2008
ALJ Approval/Denial Date: Letter Received December 2008
Date Award Letter Received: January 2009
Date Back Pay Received: February 2009
Additional Info: Approved at hearing, no Attorney
Bonzai
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Gender: Male
Posts: 172
« Reply #7 on: February 02, 2012, 09:20:42 PM »
masharp,

I researched and researched for possible outcomes for my request for review to the Appeals Council, and found that they deny reviews about 75% of the time, remand back to the ALJ 23% of the time, and approve 2% of the time.  When you get a remand, it is normally back to the same ALJ, unless a request for a different ALJ was made due to bias.  IF the ALJ doesn't follow the remand instructions correctly, and you get denied again, you can once again request a review by the Appeals Council.  If they remand a 2nd time, your case automatically goes to a different ALJ.
Logged
Name: Bonzai
Location: TN
Age at Application: 47
Disability: BP 1, OSA, HTN, DM II, Arthritis Knee
Date Applied: Feb 08
First Approval/Denial Date: Denied Dec 08
Reconsideration Approval/Denial Date: Denied Mar 09
Hearing Date: March 10
ALJ Approval/Denial Date: Denied June 10
Additional Info: Appealed 8/10 remanded back to ALJ 12/11
plgerrard
Administrator
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Posts: 4767


The Catwhisperer
« Reply #8 on: February 03, 2012, 04:28:56 AM »
Quote from: SSDAdmin on February 02, 2012, 08:52:52 PM
Unfortunately there is no way to know what Judge you will get until just before the hearing. There is a new ruling that does not allow them to tell you who your Judge is going to be anymore.  So sadly you may get the same Judge and won't know until the last minute.

I was reading an article on this ruling from an attorney’s blog. There were several comments from other attorneys that followed. One of the problems with this they all seemed to agree on is that some ALJs require specific documents be presented at hearing that are not necessarily SSA policy, but their personal preferences. Not knowing the ALJ in advance makes it impossible to include their preferences in preparation for the hearing. The only other option is to prepare the documents preferred by each and every ALJ in the hearing office. Extra work, but the only way to be sure they are fully prepared for each and every ALJ.

One attorney had a brilliant idea. As soon as the Notice of Hearing is received, file a Freedom of Information request. They must be replied to within 30 days of receipt. Since the hearing is typically scheduled several months in advance, 30 days will give the attorney time to prepare for the ALJ assigned to the case.

I thought about this later. If SSA is flooded with FIOA requests, they may find it better to just release the ALJs name in advance.
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The best way to pay for a lovely moment is to enjoy it. (Richard Bach)
Name: Pati
Location: East Tennessee
Age at Application: 53
Disability: Small Fiber & Autonomic Neuropathy; Sjogren's Syndrome; DJD
Date Applied: 02/19/2009
First Approval/Denial Date: Approved 10/26/2009
Date Award Letter Received: 11/17/2009
Date Back Pay Received: 10/25/2009
Additional Info: Assigned to DQB on 10/5/09. Approved.
masharp
Valued and Trusted Member
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Posts: 55
« Reply #9 on: February 03, 2012, 06:51:06 AM »
What is a  Freedom of Information request and how do you file it.  Is is just wanting to know who your judge will be?
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SSDAdmin
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Posts: 8295
« Reply #10 on: February 03, 2012, 10:10:35 AM »
Here is info on how to file for it:  http://www.fcc.gov/foia and yes it is just to find out your Judge's name.
Logged
I speak from experience not expertise.
Name: Marci
Location: Florida
Age at Application: 35
Disability: Arthritis, Degenerative Disc, Migraines, Foot Injury
Date Applied: September 2005
First Approval/Denial Date: Denied February 2006
Reconsideration Approval/Denial Date: Denied October 2006
Date Hearing Notice Received: October 2008 two weeks before hearing
Hearing Date: October 2008
ALJ Approval/Denial Date: Letter Received December 2008
Date Award Letter Received: January 2009
Date Back Pay Received: February 2009
Additional Info: Approved at hearing, no Attorney
Bonzai
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Gender: Male
Posts: 172
« Reply #11 on: February 03, 2012, 12:55:25 PM »
So it states that there are fees to file an FOIA, but there is no specified amount. 

Quote
Your FOIA request should specify the amount of FOIA fees you are willing to pay. Please note, under 47 CFR § 0.467(e), if the Commission estimates that your search charges are likely to exceed $25 or an amount which you have indicated you are willing to pay, we will notify you of the estimated fee charge prior to doing the search and give you the opportunity to revise or clarify your FOIA request.

How is one to GUESS on the amount they are willing to pay for the information? 
Logged
Name: Bonzai
Location: TN
Age at Application: 47
Disability: BP 1, OSA, HTN, DM II, Arthritis Knee
Date Applied: Feb 08
First Approval/Denial Date: Denied Dec 08
Reconsideration Approval/Denial Date: Denied Mar 09
Hearing Date: March 10
ALJ Approval/Denial Date: Denied June 10
Additional Info: Appealed 8/10 remanded back to ALJ 12/11
SSDAdmin
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Posts: 8295
« Reply #12 on: February 04, 2012, 01:50:04 PM »
My "guess" is there would be no fees as they have easy access to the information.  I would think the fees apply when research of copies of information need to be made.

Marci
Logged
I speak from experience not expertise.
Name: Marci
Location: Florida
Age at Application: 35
Disability: Arthritis, Degenerative Disc, Migraines, Foot Injury
Date Applied: September 2005
First Approval/Denial Date: Denied February 2006
Reconsideration Approval/Denial Date: Denied October 2006
Date Hearing Notice Received: October 2008 two weeks before hearing
Hearing Date: October 2008
ALJ Approval/Denial Date: Letter Received December 2008
Date Award Letter Received: January 2009
Date Back Pay Received: February 2009
Additional Info: Approved at hearing, no Attorney
Bonzai
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Gender: Male
Posts: 172
« Reply #13 on: February 05, 2012, 04:35:12 PM »
In looking up 47 CFR 0.467 I found

Quote
§ 0.467   Search and review fees.

(a)(1) Subject to the provisions of this section, an hourly fee shall be charged for recovery of the full, allowable direct costs of searching for and reviewing records requested under §0.460 or §0.461, unless such fees are reduced or waived pursuant to §0.470. The fee is based on the pay grade level of the FCC's employee(s) who conduct(s) the search or review, or the actual hourly rate of FCC contractors or other non-FCC personnel who conduct a search.

Note to paragraph (a)(1): The fees for FCC employees will be modified periodically to correspond with modifications in the rate of pay approved by Congress and any such modifications will be announced by public notice and will be posted on the Commission's Web site, http://www.fcc.gov/foia/#feeschedule .

(2) The fees specified in paragraph (a)(1) of this section are computed at Step 5 of each grade level based on the General Schedule or the hourly rate of non-FCC personnel, including in addition twenty percent for personnel benefits. Search and review fees will be assessed in1/4hour increments.

So it seems that they will indeed charge for looking up and releasing the information.

But in looking up 47 CFR 0.470, part c states:

Quote
(3) All other requesters. (i) The Commission shall charge requesters who do not fit into any of the categories above fees which cover the full, reasonable direct cost of searching for and reproducing records that are responsive to the request, pursuant to §0.465 and §0.467, except that the first 100 pages of reproduction and the first two hours of search time shall be furnished without charge.

So I don't know if there is a charge or not.   Huh?
Logged
Name: Bonzai
Location: TN
Age at Application: 47
Disability: BP 1, OSA, HTN, DM II, Arthritis Knee
Date Applied: Feb 08
First Approval/Denial Date: Denied Dec 08
Reconsideration Approval/Denial Date: Denied Mar 09
Hearing Date: March 10
ALJ Approval/Denial Date: Denied June 10
Additional Info: Appealed 8/10 remanded back to ALJ 12/11

« Last Edit: February 05, 2012, 04:38:49 PM by Bonzai »
SSDAdmin
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Gender: Female
Posts: 8295
« Reply #14 on: February 05, 2012, 05:10:35 PM »
Bonzai,

I think you may be reading too deeply into it.  There is no research involved.  The information is right on the screen they just can't provide it based on the new ruling.  I can't see how they could charge a fee to look at a screen but then it is the government we are talking about so....

Marci
Logged
I speak from experience not expertise.
Name: Marci
Location: Florida
Age at Application: 35
Disability: Arthritis, Degenerative Disc, Migraines, Foot Injury
Date Applied: September 2005
First Approval/Denial Date: Denied February 2006
Reconsideration Approval/Denial Date: Denied October 2006
Date Hearing Notice Received: October 2008 two weeks before hearing
Hearing Date: October 2008
ALJ Approval/Denial Date: Letter Received December 2008
Date Award Letter Received: January 2009
Date Back Pay Received: February 2009
Additional Info: Approved at hearing, no Attorney
Pages: [1] 2 3 Print 
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