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Appeals Council Remand


Bonzai

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Today, I received the answer to my request for review of the ALJ from H*ll's denial of SSDI benefits. The Appeals Council vacated the decision of the ALJ and remanded my case back with instructions to resolve many issues.

Needless to say, I am slightly disappointed that it was not an Approval (2%), but greatly relieved that it was not a Denial of Review (75%). So, now the battle continues, but I have more evidence on my side, to include the fact that the ALJ only partially summarized the SSA's own consultative examiner's statements, and ignored the statements about my being disabled - which the Appeals Council has extreme problems with (I did not know anything about this). Put another log on the fire!

Take note: The Appeals Council also quoted Social Security Ruling 06-03p "...a decision made by another governmental or no-governmental agency cannot be ignored." - which is what my ALJ did.

Anyways, the Appeals Council nailed the ALJ to the wall on six issues; in which he has to answer on. He has to determine my functional limitations or residual functioning capacity and provide rationale with specific references to evidence of record in support of the assessed limitations. So if he now tries to determine I am not disabled, he has to prove it against three opposing RFCs (to include one from the SSA's own consultant).

I have to wait until Tuesday to speak with my lawyer, but with this and additional evidence I have gathered - I hope to get an On The Record decision, by passing having to wait to have another hearing.

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Bonzai,

To me - this is just absolutely great news - yes, it could have been better -

but on the down side - it could have been worse.

I believe all new / additional medical evidence you have gathered,

must also be allowed in for consideration since the Appeals Council

made the remand. I sure hope so.

I think they are going to wind up owing you a good sum of money

and hopefully - not too far down the road.

Keep hanging in there.

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Update:

After 5 months of no activity, I was given a week and a half notice for a mental Consultative Examination for IQ testing. What an IQ test has to do with bipolar disorder, not even the examiner could tell me. Then five days later, I get a letter from the ALJ that he is going to add the CE results to my record. He will also grant the supplemental hearing that the Appeals Council ordered him to do, unless he receives more evidence to grant a favorable decision. So he is already trying to deny me.

The battle goes on...

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