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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 »
Pages: 1 [2] 3 Print
Topic: Appeals Council Wait Time  (Read 1192 times)
plgerrard
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The Catwhisperer
« Reply #15 on: February 06, 2012, 03:01:53 AM »
Bonzai:

Each Agency has its own FOIA and Privacy Act rules. The rules you are reading are from the FCC. Here is the information for the SSA FOIA:

http://www.ssa.gov/foia/html/foia_guide.htm

The policy for requesting information about yourself is near the bottom. And, I was shocked to see they will notify you if the cost will be more than $250. I think this is a typo. I have referred to this page before, and in the past it was $25. And you will see below that the CFR itself caps it at $25.

It also states when you request information about yourself it will be processed under the Privacy Act Rules first. The Privacy Act TOC is here:

http://www.ssa.gov/OP_Home/cfr20/401/401-0000.htm

The sections that are most important to the request for your own information are:

How to Access your records:
http://www.ssa.gov/OP_Home/cfr20/401/401-0040.htm

Fee Schedule:
http://www.ssa.gov/OP_Home/cfr20/401/401-0095.htm
http://www.ssa.gov/OP_Home/cfr20/402/402-0165.htm

Here is does state they will contact you if the cost is more than $25, and it also states there is no fee for searching a system of records.

What may possibly apply to the request for name of ALJ is…

SSR 92-1p: POLICY INTERPRETATION RULING: REQUEST UNDER THE PRIVACY ACT OR THE FREEDOM OF INFORMATION ACT FOR ACCESS TO RECORDS AND FOR DISCLOSURE OF MATERIAL MAINTAINED BY THE OFFICE OF HEARINGS AND APPEALS.
http://www.ssa.gov/OP_Home/rulings/di/08/SSR92-01-di-08.html

…which basically states that inter- and intra-agency correspondence is exempt from any FOIA or Privacy Act requests.

Since the ruling to withhold the ALJ name is new and is not correspondence, it is not specifically covered under SSR 92-1p. The question is if they will try to apply that ruling or not.

If you plan to request the name of your ALJ, you will be blazing the trail, and we can follow your progress. The above will point you in the right direction, but there are no exact procedures that apply.

It will be interesting to see how your request is treated.

Pati
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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.
Bonzai
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« Reply #16 on: February 06, 2012, 09:06:00 AM »
Pati,

Excellent research!  However, I am not researching the name of my ALJ - I know his name all too well.  My case has been remanded back to him from the Appeals Council.

I was just responding to the question posed about the FOIA, and wondered if they were charging for trying to obtain the name of an ALJ.  I guess we will find out from a new member who has to go through the process, as I am very interested if they charge or not too.
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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 #17 on: February 18, 2012, 07:18:47 AM »
For those who have contacted your congressman and senator did you notice a faster response from the appeals council.  I have both of them on my case and my wait time is now at 13 months with the appeals council.  Please everyone tell me about your AC wait times.

Missy
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injured 82airborne
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« Reply #18 on: March 11, 2012, 12:01:56 AM »
Hello to you all,

I am a 52 year old injured claimant who has fought the good fight through the bureaucracy of the SSA with my claim since 2009. I was completely biased with a freshly made ALJ who was a claimant attorney only months before! At the Hearing, he had a telephonic doctor who never met nor examined me, refused to give my primary doctors any weight, instead, giving it all to the one on the phone. There was a rehab owner at the hearing who rated me sedentary with no chance of working my past job, nor any work in the national economy and still he denied me. It may interest you all that a class action suit against this very type of judicial bias was started in New York recently. Just Google the following: Padro vs Astrue filed 4/12/11, in Brooklyn.

I have inquiry letters attached to my claim at the AC from a Senator, Congressman, and The President. Still awaiting the decision after the attorney filed a decent brief listing all 7 errors backed by caselaw that was ignored by the ALJ.

Remember, at the hearing they do not play by the rules of law! They play by their personal rules and you need to know that before you go in, represented or not. I would urge anyone to bring a microcassete recorder with them when they appear in case the official transcript does not show up for whatever the reason.

RFC forms for both Physical and Mental claims are ABSOLUTE in your appeal as are inquiry requests to your elected leaders.

Those as well as any extra and supporting medical evidence that you can afford is my best advice.

O only hope and pray enough people take notice and get together and file class action suits nationally to convince our government that we worked, we paid, we got injured. It's insurance for us, and if it wasn't for us, they would be collecting unemployment.

Been there

82nd Airborne Injured
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SSDAdmin
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Posts: 8295
« Reply #19 on: March 11, 2012, 10:14:29 AM »
Welcome to the forum and thank you for your service.

I am sorry to hear all you are going through.  I did review the case you mentioned and it does speak of the things you mentioned.  It will be interesting to see how it plays out.

When did you file the appeals council case?  I would guess they will pay special attention to the appeal considering the court case that has been filed.

Please keep us up to date when you can and I will be here to help in any way I can.

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
Dragon Fly
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Crinkly Piece of Aluminum Foil
« Reply #20 on: March 11, 2012, 06:19:35 PM »
Welcome injured...
So sorry to hear all of this.
What a mess.
I am glad you are fighting, but regretful you have to endure this crap.
 bow bow bow bow for your service..
Please keep us posted!
>;<
Dragon Fly
Logged
"And those who were seen dancing were thought to be insane by those who could not hear the music." --  Friedrich Nietzsche
Name: >;<
Location: CA
Age at Application: 37
Disability: Cervical & Lumbar DDD, Spinal Stenosis, Radiculopathy, Major Depressive Disorder, Anxiety Disorder, Chronic PTSD
Date Applied: October 8, 2010
First Approval/Denial Date: Approved verbally March 15th, 2011. Approval letter dated April 5, 2011
Additional Info: 2 weeks in QR, Received backpay April 4th, 2011
masharp
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Posts: 55
« Reply #21 on: March 24, 2012, 12:03:33 PM »
My case has now been waiting at the appeals council 14 months.  The waiting is so hard.  My judge also rejected my doctor's opinion and also the opinion of the psychologist they sent me to.  The judge twisted the psychologist's words around and ignored most of what she said, and she also did not take into account the report my attorney had my employer fill out.  I'm so tired of all this.

Missy
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Dragon Fly
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Posts: 7448


Crinkly Piece of Aluminum Foil
« Reply #22 on: March 24, 2012, 12:48:49 PM »
 sorry Missy....hang in there. There is nothing easy about all of this!
>;<
Dragon Fly
Logged
"And those who were seen dancing were thought to be insane by those who could not hear the music." --  Friedrich Nietzsche
Name: >;<
Location: CA
Age at Application: 37
Disability: Cervical & Lumbar DDD, Spinal Stenosis, Radiculopathy, Major Depressive Disorder, Anxiety Disorder, Chronic PTSD
Date Applied: October 8, 2010
First Approval/Denial Date: Approved verbally March 15th, 2011. Approval letter dated April 5, 2011
Additional Info: 2 weeks in QR, Received backpay April 4th, 2011
SSDAdmin
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Posts: 8295
« Reply #23 on: March 24, 2012, 09:10:03 PM »
Missy,

If they find the Judge did as you said the appeals council will definitely help you out.  Hang in there!

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
masharp
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Posts: 55
« Reply #24 on: March 26, 2012, 08:39:52 AM »
Thanks guys, I'm just so worried that after waiting all this time, they will simply deny me as well.  My attorney told me that had I got any other judge I would have been approved.  The judge I got has the highest denial rate in the office I was sent to and the second highest in all of Tennessee.  I really don't know what I will do if denied again.  I can't keep going on like this. 

Missy
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maxine0251
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Gender: Female
Posts: 452
« Reply #25 on: March 26, 2012, 09:12:30 AM »
Hey Missy,  wave-hello

  I know how hard all this waiting and wondering is!  I just have to try and make it one-day-at-a-time?  That's all we are guaranteed?

  So, take care of today.....and, tomorrow will take care of itself!  Lighten up on yourself?  circle love Try not to 'overthink' all this SSA mess?

Words from an old lady,  talkative
Maxine  grin-nod
Logged
Humor does not rescue us from unhappiness, but enables us to move back from it a little.
Name: maxine0251
Location: Georgia
Age at Application: 59,then---61,now
Disability: Herniated Discs, Rheumatoid Arthritis, Migraines
Date Applied: June 2010
First Approval/Denial Date: Denied--September 2010
Reconsideration Approval/Denial Date: Denied--December 2010
Date Sent to VSU: 3/30/2011
Date VSU Approved/Sent to Hearing: 4/19/2011/back in line for hearing
Date Hearing Notice Received: 11/17/2011/1st notice/11/22/2011/amended notice
Hearing Date: February 23, 2012 9:10 AM
ALJ Approval/Denial Date: DENIED-April 6,2012-Because no health insurance to provide necessary evidence.
Additional Info: My case went to VSU. My hearing was via Video.
masharp
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Posts: 55
« Reply #26 on: April 25, 2012, 10:19:19 PM »
Has anyone else got a response from the Appeals Council yet?  If so what was your wait time?  I am almost at 15 months now.
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tgriddle
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Posts: 36
« Reply #27 on: April 26, 2012, 05:43:35 AM »
Quote from: masharp on April 25, 2012, 10:19:19 PM
Has anyone else got a response from the Appeals Council yet?  If so what was your wait time?  I am almost at 15 months now.

It took 11 months from the time I sent request to Appeals Council till I received a denial.  Maybe you will have a better outcome than I did at that level because it's taking longer?
Logged
Name: Teresa
Location: Alabama
Age at Application: 51
Disability: Crohn's disease, fibromyalgia, osteoarthritis, carpal tunnel, hiatal hernia, GERD, insomnia, depression
Date Applied: Feb 2008
First Approval/Denial Date: May 2008
Reconsideration Approval/Denial Date: n/a in my state
Hearing Date: January 2010
ALJ Approval/Denial Date: Denied May 2010
Date Back Pay Received: still waiting
Additional Info: Federal Court reversed ALJ decision Jan 5, 2012
masharp
Valued and Trusted Member
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Posts: 55
« Reply #28 on: May 02, 2012, 05:01:41 PM »
Well it has now been 15 months and they still have not started the review. Angry
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SSDAdmin
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Gender: Female
Posts: 8295
« Reply #29 on: May 02, 2012, 07:37:05 PM »
I am sorry to hear that.  How did you find out?
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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