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Old 09-24-2014, 02:36 PM
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
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Quote:
Originally Posted by Rayandnay View Post
My problem is that keep drawing judges with very low approval rates, not very intelligent, because the appeals council keeps sending it back. The judge that sent me on my CE exam which included a IQ and Memory Scale exam has 66% approval rating, so I'm cautiously optimistic. My remand order from appeals council only wants one thing cleared up, their doctors words, one says severe, the other says mild to moderate.
So, this is a new ALJ?

Do you have any documentation that your function has not decreased since your initial application? That will likely be the sticking point, you may now qualify based on the CE exam, but are you entitled to benefits going back to your original Alleged Onset Date?

If you're willing to take less backpay, you might be able to have your attorney negotiate an On the Record decision... Of course there is also the possibility the ALJ will give you a Fully Favorable On the Record decision, but you should have the dates worked out ahead of time if you're willing to "settle" (it's inappropriate terminology in this context but nonetheless, that is what it is).
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