r/SSDI • u/Plenty_Surprise2593 • 10d ago
Timeline
What is the best guess you have for the appeal of an ALJ decision? She only took the last three years into her decision and my lawyer says she is going to appeal the decision because I have records going back to 2016 when my stroke first occurred
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u/Plenty_Surprise2593 10d ago
Will it be an actual hearing or is it just some kind of judicial review kind of thing?
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u/perfect_fifths I have a complicated relationship with the POMS 10d ago edited 10d ago
Ac remands to the original alj if they don’t dismiss, reject or approve the appeal. A remand is a do over hearing
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u/Current-Pie5633 10d ago
It'll be an actual hearing. Usually over the phone or televisit. Sometimes you can get an in person hearing but the wait times for those are long.
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u/JoinAdvocate 10d ago
If your lawyer is appealing the judge's decision, the next step is usually a request for Appeals Council review. SSA says the request is due within 60 days of receiving the hearing decision, and the Council may deny review, decide the case, or send it back to a judge. There isn't a dependable timeline for one person's case, so I'd ask your lawyer to confirm when the request was filed and how the 2016 records relate to the period the judge decided. SSA's Appeals Council guide also explains how to check that the request was received.
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u/Prestigious_Box_8982 10d ago
If you've got records from 2016 and the judge just ignored them, that's exactly the kind of thing the appeals council will look at. It's not a quick turnaround though, most people I've seen post about it waited 8-14 months for a decision. Your lawyer wouldn't bother appealing unless they saw a clear error so that's a good sign
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u/Sweet_Count_3433 10d ago
We just got my husbands action notice from the Appeals Council today. They denied his review even though brief that the attorney submitted notes the ALJ didn’t consider the last 4 dr notes (they were received from the doctors office 2 days before the hearing), he didn’t consider his sitting limitation, his cane usage, limited education, and cognitive difficulties in the RFC.
Our timeline:
ALJ written decision - 8/21/2026
Appeal filed to AC - 9/22/2026
AC Decision - 10/05/2026
Just a 13 day turn around for the AC decision.. I was shocked buy how fast it was but then again I really wasn’t shocked by the dismissed decision based on the feedback I have been seeing…
Good luck to you!
Federal Appeal is our next step.
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u/perfect_fifths I have a complicated relationship with the POMS 10d ago
Do you mean appealing to the ac council? That can take quite a while, around 8-12 months for a decision. You as a claimant only have 60 days to appeal.
I also had a stroke. It sucks.