Thread: Remand hearing
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Old 11-19-2014, 10:48 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
I didn't know that, reading my hearing notes, they classified it as unskilled. Seems to me, my boss was training a chimp to do my job, Ha, Ha. Lit, where does that put me at grid rules at 55?
At 55 you would be approved if the ALJ accepted that your RFC was rated at Light or Sedentary.

They maybe rated it as unskilled because your physical impairments made it nontransferable?

The sticking point (if I'm remembering your previous posts correctly) was/is the RFC rating for light work. at age 50-54, even with unskilled or no work experience, you'll still be denied.

http://www.disabilitysecrets.com/res...h-social-sec-0

"High school graduate or higher, Unskilled work or no work, Not disabled"

You either need a RFC rating of Sedentary to qualify before age 55 or you'll need to change your Alleged Onset Date again to your 55th birthday. (There might be a little wiggle room of age 54 and 6 months, my understanding is it'll depend on the ALJ.)

I know you said you still qualify for SSDI at age 55, but have you ever verified that your monthly benefit won't decrease? If it does not, you could change the Alleged Onset Date to your 55th birthday (or if your attorney recommends it age 54 and 6 months) AND request an OTR decision to avoid a new hearing. You could ask your attorney...
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"Thanks for this!" says:
Rayandnay (11-20-2014)