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Old 11-03-2011, 07:09 AM
puppy66 puppy66 is offline
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Join Date: Oct 2011
Posts: 24
10 yr Member
puppy66 puppy66 is offline
Junior Member
 
Join Date: Oct 2011
Posts: 24
10 yr Member
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An just one more thing I can't remember which one of you mentioned the $720 per month, but what is up with that figure? I do not qualify for SSI so I'm not sure if that is what you are referring to. Also my earnings have averaged around $800 per month with fluctuations slightly above but more slightly below that.
The following are a list of errors that were bolded in the letter:
1. Erred in determination that the claimant had engaged in SGA since the alleged onset date.
2. The claimant's work activity in July 2010 and August 2010 was an unsuccessful work attempt, as described in SSR 05-02.
3. SSA policy clearly dictates that earnings should be averaged seperately when there is a significant change in work patterns or earnings.
4. The claimant's work activity fails to meet the exceptions and her post onset work was not SGA under the "test of worth".
5. ALJ erred in failing to follow the steps outlined in SSR83-33 for determining whether work is SGA. The ALJ did not apply the "test of comparability" or "test of worth" as required in SSR83-33.
6. The claimant's work activity fails to meet the exceptions and her post onset work was not SGA under the "test of comparability".
7. The ALJ erred in finding that there has been no continuous 12-month period which the claimant has not engaged in SGA.

Anyone please give advice. Do these errors by the ALJ constitute reason for a remand in your opinion?

Thanks again for any input. I just want someone to be entirely honest about this. what there gut instinct is when they see some of the facts, even if it's not what I want to hear because I am not thinking rationally anymore and am driving myself crazy with "what ifs".
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