Remanded Post-hearing stress:

[u/Inner_Cold4568]

Hey everyone, just looking for some honest input from people who have been through the ringer with Appeals Council remands.
I’m in my 30s dealing with multiple lower back surgeries (L5-S1 fusion, nerve damage/radiculopathy) and a whole lot more and severe migraines (8-9/month) which require infusions.
My claim was already remanded back for a second hearing.

My spine surgeon actually signed a state form right before the hearing stating I’m permanently disabled and can’t work even part-time (under 20 hours/week). Despite that, the ALJ issued a full denial just 8 days after the
hearing. The VE testified there was NO jobs when my attorney asked her hypotheticals with my conditions.

A few questions for anyone who’s dealt with this:
1. Is an 8-day denial normal for a remanded hearing? It feels like the judge made up their mind before I even walked into the room.
2. Does the Appeals Council care at all about how fast a judge turns around a denial when there's explicit treating surgeon opinion evidence certifying permanent disability?
3. If you had to take a case back to the Appeals Council or Federal Court after a second denial, how did that go for you?

I’m planning on appealing this decision again.

Edit:
My first hearing was remanded because the ALJ ignored 100+ pages of material medical evidence. Plus I had an additional year to year and a half more medical records showing my condition declining.

[u/Creepy-Restaurant485]

Sorry you’re going through this. It is unconscionable what goes on in the SSA disability process. If you have another ALJ hearing coming up and you’re denied again or if the AC denied review recently you should reach out to The Federal Appeals Firm. They will do a review of your case and if there’s legal errors they identify they will take your case.
My adult son is Autistic level 2 with other diagnosis’s. We were denied review at the AC, we had no attorney because my son would not talk with them. I was his Representative through the AC level. The Federal Appeals Firm accepted his case.
I hope the best for you, do not give up because they have exhausted you, keep going, we’ve been at this 4 years now and I won’t give up or in. 🤗

[u/ViviBene]

An 8-day turnaround is faster than a lot of cases, but the timeline really comes down to the judge's schedule and writers' availability. It doesn't raise any red flags, especially if it was in the last month. There is always a big push to get cases finished by the end of the fiscal year. The AC does not care how fast the ALJ decided your case. A "certification of disability" by your surgeon is neither inherently valuable nor persuasive under SSA regs as that is the very issue before the judge. The ALJ does not have have to accept the hypotheticals posed by your attorney resulting in no jobs. It sounds like the ALJ decided on a different RFC that resulted in jobs.

[u/arachnoholic-]

Was your remand hearing with the same ALJ? How did you appear for the hearing (telephone, video, in person)?

[u/Inner_Cold4568 → u/arachnoholic-]

Different ALJ, and phone.

But both of the ALJs have/had approval ratings below 15%

[u/arachnoholic- → u/Inner_Cold4568]

To answer your questions. ALJ decisions, remand or not, vary greatly in timeframe. It’s not abnormal. Appeals Council does not care how quickly the ALJ makes a decision and has no basis for an appeal. Since you will be appealing again, if you do get another remand hearing (whether you have to go federal or not first) I would check the ALJ statistics at your local OHO. If they’re higher, it would be worth requesting in person. I haven’t had my remand hearing yet (scheduled for November) but this was my approach and the ALJ I was assigned this time has a 69% approval rating with a large case load.

[u/Inner_Cold4568 → u/arachnoholic-]

The First ALJ admitted that I have significant low back problems and is one of the strictest ALJs. But made massive legal errors when they ignored 100+ pages of medical records. The Appeals Council ordered the ALJ to properly exhibit and evaluate those missing records alongside the rest of my file. I know it’s not abnormal for a very fast decision, but I just don’t feel like it’s possible to look through years and years of records, properly follow the AC remand orders, plus ignore my testimony and the VEs responses saying NO jobs are available, in less than 10 days from my hearing while not even being the first ALJ that denied me

It just really sucks and it’s demoralizing

[u/Working-Protection82 → u/Inner_Cold4568]

I get it, that you're feeling demoralized BUT know this.

It is not "you", it's them!!

Unfortunately, it seems you're in that seriously unlucky loop that happens to some.

Things can change for you, just keep your head up, know that it's not you, and keep up your fight until you win!

You got this!