What Holds the Most Weight at an SSDI Remand Hearing

What holds the most weight in a remanded Social Security Disability Insurance (SSDI) hearing depends on the remand order. The evidence or testimony that addresses the issues in the order are the most important.

The order explains what the administrative law judge (ALJ) must reconsider, develop, or correct. The issue could be about findings, evidence, or something that wasn’t done right at the first hearing.

This article discusses how you can use the remand order to identify what’s most important for your remand hearing.

The Remand Order Decides What Carries the Most Weight 

To understand the priorities in your remand hearing, look for words like “evaluate,” “obtain,” or “explain” in the remand order. They can help you see what needs to be resolved.

For example, the remand order may say:

• Two medical reports conflict
• A consultative exam with a specialist is needed
• Findings were unsupported or not fully explained
• A medical opinion needs to be reviewed again for supportability and consistency 
• Medical records are missing from your claim file 
• More testimony is needed from you or another witness
• More information is needed about jobs you could do with your limitations
• You were not given a chance to respond to evidence added after the hearing

If your claim was remanded by a federal court, the judge must address issues from the court’s order and the Appeals Council’s remand. Review both documents to understand what the judge was directed to reconsider, develop, or explain before deciding your claim again. 

Medical Evidence and Residual Functional Capacity

If the remand order identifies a problem with medical evidence or your residual functional capacity (RFC), the judge must address that issue, and the evidence on it will likely carry the most weight at your remand hearing. This could mean re-weighing a medical opinion for supportability and consistency, resolving conflicting records, or reconsidering specific limitations in the RFC. Examples of limitations in an RFC are how long you can stand, how much you can lift, or how well you can concentrate.

RFC is the Social Security Administration’s (SSA) assessment of what you can still do in a work setting despite your limitations. The agency uses your medical records and other evidence in your claim to create your RFC. That includes medical opinions, assessments, and statements about your symptoms, daily activities, and work history.

The judge may also be ordered to get medical records that were mentioned but never added to your claim file. Those records could change the RFC.

Submitting Updated Medical Records Before the Hearing 

When your claim is remanded, the existing record stays open, and new evidence can be added. If you have new evidence that helps the judge resolve a medical or RFC dispute, submit it at least five business days before the hearing. 

The SSA allows exceptions to the five-day evidence rule in some situations if you miss that deadline. For example, if you were seriously ill, had a death in the family, or if you requested records in time but they didn’t arrive before the deadline. Physical, mental, educational, or language limitations are also considered as exceptions.

Vocational Evidence and Work Questions

A vocational expert (VE) provides information about jobs and what they require. The judge uses this testimony to decide if you can do your past relevant work or other work with your physical and mental limitations.

The judge might ask a VE to testify again if the remand order raises a question about your past work or other work you may be able to do. VE testimony may also be needed if the remand order says a limitation was left out of the judge's hypothetical questions or not fully considered. 

For example, if you can only deal with the public briefly, the judge may ask the VE hypothetical questions about what jobs someone with that restriction could do. 

Testimony at the Remand Hearing 

The judge may ask you or another witness to testify again if the remand order calls for more information about an issue from the first hearing. They may need more detail about something that was unclear or incomplete before.

The questions could focus on your symptoms, daily activities, work history, or changes since the earlier hearing. Changes could be new symptoms, new treatment, or differences in your daily activities or ability to work. 

Answer the questions as accurately and specifically as you can. Use the remand order to understand what needs to be explained.

Procedural Errors From the First Hearing 

Some remand orders address a problem with how the earlier hearing was handled. For example, the judge may need to give you a chance to respond to new evidence. Another example is if you didn’t get to question a VE or medical expert whose testimony was used in the judge’s decision.

Issues the Remand Hearing Can Cover Beyond the Order 

The remand order tells the judge what must be addressed, but it doesn’t limit the hearing to those issues. The judge can address other issues in the claim as long as they don’t conflict with the remand order. 

In most Appeals Council remands, the earlier ALJ decision is set aside. The judge issues a new decision on your claim after resolving the issues in the remand order.

Preparing for Your Remand Hearing

Use the remand order to see what the judge was told to address. Those issues will hold the most weight at your remand hearing. Then review the parts of your claim that relate to those issues so you know what may come up at the hearing. 

• Review any evidence or testimony mentioned in the remand order
• Be ready to answer questions about the issues the judge was told to address
• Review the order with your disability representative if you have one

If you don’t have a disability representative, Advocate can step in and help. Our disability specialists can help you understand the remand order, get new evidence if necessary, and prepare for the hearing. We can also represent you at the hearing and question witnesses.