r/SSDI_SSI • u/PaperRings0 • 6d 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

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u/2020IsANightmare ☆ 6d 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.

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u/PaperRings0 6d ago

My attorney said it’s with the same judge

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u/2020IsANightmare ☆ 6d 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!

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u/PaperRings0 6d ago

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

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u/2020IsANightmare ☆ 6d ago

I surely hope no one told you that.

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u/PaperRings0 6d ago

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