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.
"It is a terrible thing, when you lose your train of thought and you only have a one track mind"... Me
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Bonzai
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.
"It is a terrible thing, when you lose your train of thought and you only have a one track mind"... Me
96C2P/96F2P (old MOS designations)
97E2P/37F2P (new MOS designations)
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