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| | |-+  US court of appeals for the 9th court
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Topic: US court of appeals for the 9th court  (Read 855 times)
cat1962
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Posts: 46



« on: June 19, 2017, 04:15:48 PM »

Hello have not been on here for a couple of years. I was a mess and all I could do is cry. It has been 8 long years, and I am in the home stretch. Not sure if my case is going to be turned down, or approved. I got turned down from the ALJ judge on June 2015. It went to the courts in AZ and the courts ruled my ALJ judge messed up on my case. It said I could either go back to another ALJ judge since that ALJ judge retired, or go to 9th circuit court of San Francisco. My attorneys felt I have a better chance in 9th circuit court. It has been 18 months since we filed. My attorneys was supposed to present a oral argument on June 12, then we get a letter, and this is what it said. The Court is of the unanimous opinion that the facts and legal arguments are
adequately presented in the briefs and record and that oral argument would not
significantly aid the decisional process.
Therefore, this matter is ordered submitted without oral argument on June
12, 2017, at San Francisco, California  Fed. R. App. P. 34(a)(2).       
I am now scared that since they did not let my attorneys do a oral argument that the 9 circuit court is going to turn me down, and my lawyers did not get to argue my case. Has anyone gone through the 9 circuit courts? I am going crazy with all the waiting.                                                                                                                               
Logged
Name: Cat
Location: AZ
Age at Application: 47 I am 52 now.
Disability: IBS, Fistulas, Anxiety, Peripheral Neuropathy, COPD, Osteophyte formation at T6 and T7, disc space narrowing between L5-S1,
Date Applied: 6-10
First Approval/Denial Date: Denied on 3-11
Hearing Date: Video Hearing 9-20-12
ALJ Approval/Denial Date: Denied 02-6-14
Date Award Letter Received: Waiting
Additional Info: Filed appeal on 3/27/14
SFVLance
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Posts: 263


« Reply #1 on: June 19, 2017, 04:35:45 PM »

Yes, I did. No oral arguments, attorneys just did the usual briefs; court did remand.

Is there a specific question?
Logged
Name: Lance
Location: Los Angeles
Age at Application: 46
Disability: Severe Depression, Anxiety, PTSD
Date Applied: June 1, 2012
First Approval/Denial Date: Denied August 31, 2012
Reconsideration Approval/Denial Date: No Recon in my region of CA
Hearing Date: January 25, 2013; Remand Hearing March 13, 2017
ALJ Approval/Denial Date: Denied February 20, 2013; Federally Remanded, Bench Decision March 13, 2017
Additional Info: Got Federal remand; 2nd hearing postponed, rescheduled Fall 2016. Postponed again - finally held March 2017.
cat1962
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Posts: 46



« Reply #2 on: June 21, 2017, 04:06:41 AM »

Sorry my questions are 1) Does it mean that I am going to be turned down, since they did not let my Attorney do a oral argument? 2) About how long does it take them to render a judgement?
Logged
Name: Cat
Location: AZ
Age at Application: 47 I am 52 now.
Disability: IBS, Fistulas, Anxiety, Peripheral Neuropathy, COPD, Osteophyte formation at T6 and T7, disc space narrowing between L5-S1,
Date Applied: 6-10
First Approval/Denial Date: Denied on 3-11
Hearing Date: Video Hearing 9-20-12
ALJ Approval/Denial Date: Denied 02-6-14
Date Award Letter Received: Waiting
Additional Info: Filed appeal on 3/27/14
SFVLance
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People helped 14
Gender: Male
Posts: 263


« Reply #3 on: June 21, 2017, 06:02:20 AM »

1) I don't think so...I thought the majority of SSDI cases are decided based on briefs. What has your atty said about this?

2) Mine took about 21 months, which included a month or two filing extension early in the process. I don't know what the average wait time is currently.

Logged
Name: Lance
Location: Los Angeles
Age at Application: 46
Disability: Severe Depression, Anxiety, PTSD
Date Applied: June 1, 2012
First Approval/Denial Date: Denied August 31, 2012
Reconsideration Approval/Denial Date: No Recon in my region of CA
Hearing Date: January 25, 2013; Remand Hearing March 13, 2017
ALJ Approval/Denial Date: Denied February 20, 2013; Federally Remanded, Bench Decision March 13, 2017
Additional Info: Got Federal remand; 2nd hearing postponed, rescheduled Fall 2016. Postponed again - finally held March 2017.
cat1962
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People helped 2
Gender: Female
Posts: 46



« Reply #4 on: June 21, 2017, 03:21:47 PM »

SFVLance it has been 18 months since we filed in the 9th circuit court. What I was wondering is since my case was going to be reviewed on the 12th of June, how long does it take the court to give a decision after that?
Logged
Name: Cat
Location: AZ
Age at Application: 47 I am 52 now.
Disability: IBS, Fistulas, Anxiety, Peripheral Neuropathy, COPD, Osteophyte formation at T6 and T7, disc space narrowing between L5-S1,
Date Applied: 6-10
First Approval/Denial Date: Denied on 3-11
Hearing Date: Video Hearing 9-20-12
ALJ Approval/Denial Date: Denied 02-6-14
Date Award Letter Received: Waiting
Additional Info: Filed appeal on 3/27/14
SFVLance
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People helped 14
Gender: Male
Posts: 263


« Reply #5 on: June 21, 2017, 04:12:28 PM »

Your attorney can best answer that question.

In my particular case, it took 6 months + 6 days. After the Magistrate Judge reviewed the initial briefs, within a month he entered a Report & Recommendation, which was not final. At that point, counsel on both sides had the opportunity to make objections, then answers to the objections (this went on for a couple of 'rounds'). Finally, the Judge entered a judgment accepting the R&R.
Logged
Name: Lance
Location: Los Angeles
Age at Application: 46
Disability: Severe Depression, Anxiety, PTSD
Date Applied: June 1, 2012
First Approval/Denial Date: Denied August 31, 2012
Reconsideration Approval/Denial Date: No Recon in my region of CA
Hearing Date: January 25, 2013; Remand Hearing March 13, 2017
ALJ Approval/Denial Date: Denied February 20, 2013; Federally Remanded, Bench Decision March 13, 2017
Additional Info: Got Federal remand; 2nd hearing postponed, rescheduled Fall 2016. Postponed again - finally held March 2017.
cat1962
~ Bronze ~
*

People helped 2
Gender: Female
Posts: 46



« Reply #6 on: June 24, 2017, 02:54:26 AM »

SFVLance Thank you for all your help.!!!!!
Logged
Name: Cat
Location: AZ
Age at Application: 47 I am 52 now.
Disability: IBS, Fistulas, Anxiety, Peripheral Neuropathy, COPD, Osteophyte formation at T6 and T7, disc space narrowing between L5-S1,
Date Applied: 6-10
First Approval/Denial Date: Denied on 3-11
Hearing Date: Video Hearing 9-20-12
ALJ Approval/Denial Date: Denied 02-6-14
Date Award Letter Received: Waiting
Additional Info: Filed appeal on 3/27/14
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