What is a Social Security remand hearing? Find actionable tips for winning a SSDI remand hearing and getting the disability benefits you deserve.
A remanded case is a disability case the Appeals Council sends back to the Administrative Law Judge (ALJ).
A remanded case is great news if you’re applying for disability benefits or appealing a judge’s unfavorable decision on your claim. It means your case will have a second chance to qualify for disability benefits.
Read on to learn what a remanded SSDI case could mean and what steps to take if you receive a remand notice.
What Are Remanded SSDI Cases?
A remanded disability case is when the Social Security Appeals Council sends your claim back to the Administrative Law Judge (ALJ) for another hearing.
The Appeals Council typically remands a claim if the ALJ’s decision has an error of law or is not supported by substantial evidence.
The Notice of Remand will include specific instructions for the ALJ on how to proceed with the case.
Are Remanded Disability Cases a Good Thing?
YES! It’s usually a good thing if the Appeals Council remands your disability case.
You get another opportunity with the same ALJ to defend your claim and prove your disability case. A remand could lead to the approval of your case!
Note: There is no guarantee a remanded case will deliver an accepted Social Security Disability claim.
Winning an SSDI Remand Hearing (13 Easy Tips)
If the SSA remands your case, the following tips can help improve your chances of winning your SSDI remand hearing:
- Have a qualified social security disability attorney on your side
- Consider asking your doctor for a letter to support your disability claim
- Obtain witness statements to support your disability claim
- Submit new medical records and supporting evidence of your claim as they become available
- Be familiar with your case, medical records, and supporting evidence
- Ensure you have the required medical records and documentation
- Ensure your medical records and disability application are complete and accurate
- Ensure you have adequate evidence to support your disability claim
- Review your social security disability application for errors
- Continue yielding advice from your medical team and doctors
- Keep your address and contact information current and updated
- Don’t miss deadlines and risk your claim getting denied
- Answer the ALJ’s questions honestly and thoroughly
Common Reasons an SSDI Claim Is Remanded
Possible reasons the Appeals Council may remand your disability claim:
- A procedural error by the ALJ
- The ALJ did not consider a medical opinion
- You submitted new evidence supporting your disability claim
- There was no substantial evidence to support the ALJ’s decision
- The Appeals Council requires additional evidence or action from the ALJ
This chart shows the top 10 remand reasons cited by the Court on Remands:
|% of All Cited Reasons||Remand Reason|
|13.2%||Treating Source – Opinion Rejected Without Adequate Articulation|
|10.3%||Inadequate Rationale for Symptom Evaluation Finding|
|6.7%||Consultative Examiner – Inadequate Support/Rationale for Weight Given Opinion|
|6.4%||*RFC – Mental Limitations Inadequately Evaluated|
|3.6%||Incomplete / Inaccurate Record – Record Inadequately Developed|
|3.4%||Non-Examining Source – Inadequate Support/Rationale for Weight Given Opinion|
|3.2%||VE and DOT Not Reconciled (e.g., sit/stand limitations, time off task, etc.)|
|3.0%||*RFC – Exertional Limitations Inadequately Evaluated|
|2.4%||*RFC – Other|
|2.4%||Non-Examining Source-Opinion Accepted Without Adequate Articulation|
|*RFC = Residual functional capacity or the most a claimant can do despite his or her limitations or restrictions.|
What Happens When a Social Security Case Is Remanded?
If Social Security remands your disability case, you may receive a Notice of Remand in the mail. This means the Appeals Council transferred your claim to the SSA Hearing office for another hearing.
The Administrative Law Judge will get specific instructions from the Appeals Council on how to proceed with your remand hearing. However, the Appeals Council will not dictate the ALJ’s decision on your case.
What Are the Options When a Disability Case Is Remanded?
If the SSA remanded your SSDI case, contact a knowledgeable and experienced disability attorney.
The experts at Evans Disability will review your Social Security Disability claim and the Notice of Remand. We can help you prepare for your remand hearing and ensure you qualify for disability benefits.
Also, take this second opportunity to ensure you have all the required medical records, documentation, and evidence of your impairments. In addition, double-check all your documentation for errors.
You can also provide additional medical evidence to support your disability claim. This may include a disability letter from your doctor, new medical evidence, and witness statements.
How Long Does It Take for Social Security Remand Hearing From Federal Court?
Generally, a scheduled remand hearing can take 3 to 6 months after the Social Security Appeals Council issues a Notice of Remand.
How Long Does It Take To Get a Decision on a Social Security Disability Remand Hearing?
Generally, an Administrative Law Judge can take 1 to 3 months to issue a decision after your remand hearing.
What Percentage of Remanded Disability Cases Are Approved?
While statistics vary, you have a 21 to 50 percent chance of getting approved for disability benefits after a remand hearing.
Win Your SSDI Remand Hearing. Call Evans Disability to Help!
If your SSDI case was remanded, you have another chance to get disability benefits. Don’t get denied a second time!
Our trusted team of attorneys specialize in Social Security disability claims. Find out how we can help you win your remand case and get SSDI benefits.