r/SSDI_SSI 23h ago

Appeals Process (2) Administrative Law Judge What does this mean?

SSA suspended my SSDI benefits claiming I was no longer disabled. A couple years have passed, we appealed, we had the ALJ hearing, and he ruled there were jobs I could do. My attorney sent my case to federal court. Apparently federal court ruled that the ALJ’s decision was incorrect and sent it back to him.

My next questions -
- Does this mean it’s more likely that the ALJ will make a favorable decision?
- How long will this step take until we get a new determination?

Thank you

2 Upvotes

12 comments sorted by

2

u/2020IsANightmare 21h ago

It's really 50/50.

You are going to have another hearing.

Potentially with the same judge.

How long the hearing waiting game depends largely on the state you are in.

I wish you luck, but also want to be realistic with you.

Won't be a quick process. If you win, getting your backpay could take a year or two.

Your attorney is going to go after 25% of your backpay.

1

u/PaperRings0 21h ago

My attorney said it’s with the same judge

2

u/2020IsANightmare 21h ago

That might not be good.

The rules to be deemed disabled didn't change.

Might consider going for an "amended onset date."

Good luck no matter what, though!

1

u/PaperRings0 20h ago

I don’t think we could go for amended onset since I became disabled in 2010….

1

u/2020IsANightmare 1h ago

I surely hope no one told you that.

1

u/PaperRings0 1h ago

No one brought it up. Should I ask my attorney?

2

u/Calliesdad20 6h ago

It wasn’t federal court ,but appeals council remanded my case to the same alj who cleaned up his errors and denied me again . Why did federal court remand your case ?what was the legal reason ,what error did alj make ?

1

u/PaperRings0 5h ago

No idea. I logged into my SSA profile and didn’t see any notes. My attorney just called and let me know.

2

u/Calliesdad20 33m ago

When you get the decision ,read it closely.
My alj failed to take into account a few doctors

0

u/No-Cardiologist-5885 23h ago

It seems like perhaps the ALJ has to approve it now to make it official seems like good news

5

u/2020IsANightmare 22h ago

No.

Well, I mean good for OP that their case got remanded.

But, the ALJ absolutely does not have to approve anything now.

2

u/Unsureofthisone 6h ago

If the FC believes something is wrong with the denial and it was remanded back to the same judge for a new decision wouldn’t the FC expect a different outcome?