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Old 01-15-2018, 09:23 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 Alice P View Post
Thank you for clearing that up for me. I was quite shocked when I was told that I did't have a case worker at the FO. lol

Do you know if a person has to have new medical evidence to go OTR ? And if so does it have to pertain to the original claim ? I was just DX with degenerative disc disease so I wonder if I could use that to go OTR .
New evidence is fine but if there was no mention of the impairment previously, then would you be amending your Alleged Onset Date? With an OTR it must be a Fully Favorable Decision, so they can't set a different Established Onset Date.

Similarly for the hearing you can add a new impairment but if there is no medical evidence previously, it might effect the EOD. The ALJ will first determine if the original impairments will allow an approval or not.

DDD would be unlikely to meet a Listing prior to a hearing, but there is a chance you could be approved via the Grid. Or, it could be determined both impairments equal a Listing.

Even approaching advanced age, education and skills are still a factor. Registered nurses or many with sedentary desk jobs, for example, struggle to be approved via the GRID even after age 55. Link: Sedentary Work Grid Rules | Maximum Capacity Sit Down Work

I know you thought early on the Grid was a factor on your first denial, but you were denied because they claimed you could still perform the same type of work, which means they didn't proceed to factor the Grid. You may have understood this later, but I just wanted to clarify.

There are fine points to each strategy for approval, which there is plenty of time for you to learn, but I would not give up on trying to prove you meet the COPD listing which should maximize your benefits.

Last edited by LIT LOVE; 01-15-2018 at 10:10 PM.
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