Thread: RayandNay
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Old 11-28-2014, 12:24 PM
LIT LOVE LIT LOVE is offline
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Join Date: Mar 2010
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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
She filled out mental impairment questionnaire, very supportive of my claim, as a matter of fact, knocks it out of park, will they respect her views, but come to think of it, if there's just going to be a VE there, maybe that's already been agreed on. As far as federal court, don't I still have to go through appeals council first if I'm denied? Thanks again
Do not assume anything because there was a ME at your last hearing, and one has not been scheduled this time. It's not a requirement and some ALJ's don't schedule them as often as other ALJ's.

"She filled out mental impairment questionnaire, very supportive of my claim, as a matter of fact, knocks it out of park, will they respect her views, but come to think of it, if there's just going to be a VE there, maybe that's already been agreed on."

What does this mean?

Did she explain how your mental impairment effects your ability to work? Has she provided a diagnosis to explain why your iq has decreased and perhaps more importantly, when that occurred? Does she address how your impairment effects your activities of daily living? Do you need help maintaining your finances? Do you drive? Do your own shopping? Do you have help caring for your home? Do you live alone? Etc.

If you are correct and not only is the hearing not De Novo, but if she doesn't voluntarily give you the opportunity to readdress your physical impairments, than the Grid Rules will not apply. I know you want the hearing to be as short as possible--or even waived entirely--but that could be very bad news for your case if you get your wish.
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