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why same judge for 2nd hearing????

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3 musketeers

Junior Member
undefinedWhat is the name of your state? Texas. I cannot figure out why I have to have the same judge for 2nd hearing. Denied then decision vacated and remanded by AC. Was told would be same judge?? I would think I would get a chance with a different judge. Do the judges get mad when cases are remanded. He was a nightmare the 1st time I cant imagine how horrible it will be now. Thanks for any help to this troubling situation.
 
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You Are Guilty

Senior Member
3 musketeers said:
undefinedWhat is the name of your state? Texas. I cannot figure out why I have to have the same judge for 2nd hearing. Denied then decision vacated and remanded by AC. Was told would be same judge?? I would think I would get a chance with a different judge. Do the judges get mad when cases are remanded. He was a nightmare the 1st time I cant imagine how horrible it will be now. Thanks for any help to this troubling situation.
Unfortunately, that's the system. And yes, sometimes they do become even bigger jackasses the second time around, but that's why you can appeal it yet again.
 

bjl1105

Member
If the ALJ's decision was remanded by the Appeals Council; it has to go back to the Judge who made the decision. The reason the Appeals Council is sending it back is because the Judge didnt do everything right the first time (that's why it has to go to the same Judge.) The Appeals Council reviews ALJ decisions to make sure that the Judge followed all rules and regs when making the decision. The Appeals Council does not change decisions; the remand it back to the Judge who blew it in the first place.

So, do ya think the Judge will be happy about this?

hmm


3 musketeers said:
undefinedWhat is the name of your state? Texas. I cannot figure out why I have to have the same judge for 2nd hearing. Denied then decision vacated and remanded by AC. Was told would be same judge?? I would think I would get a chance with a different judge. Do the judges get mad when cases are remanded. He was a nightmare the 1st time I cant imagine how horrible it will be now. Thanks for any help to this troubling situation.
 

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