The Remand Hearing: A Second Chance of Proving Disability

Joe Di Bartolomeo
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Joe Di Bartolomeo is a top rated personal injury lawyer helping Oregon and Washington families

I am out the door for another remand hearing before the Social Security Administration.  This hearing resulted from an appeal to the Appeals Council from a prior Unfavorable Decision.  In other words, we lost at hearing the last time, appealed the case, and it was sent back for another hearing.  These kind of disability hearings are different.

First, the Appeals Council, when it "remands" a case, is sending the case back to the Judge with a checklist of things that the Judge must address.  Usually, the Appeals Council is pointing out that the Judge made a mistake in the way that he or she evaluated the case.  Sometimes these mistakes are minor, clerical mistakes, but sometimes they are significant.

So, we get to face a Judge who knows that we were the ones that proved that he or she made a mistake.  Some Judges have no problem with that, and others might.

In today's case, a lot has happened during the course of the appeal.  We have updated medical records, obtained another witness statement, and are ready to go.

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