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Rayandnay 10-20-2014 11:29 PM

Still there
 
Does social security still employ senior attorney advisors?

LIT LOVE 10-21-2014 12:48 AM

Yes.

But, due to the specifics of your case, I think it is highly unlikely that you will receive an OTR decision prior to your ALJ hearing.

Rayandnay 10-21-2014 06:51 AM

Why
 
Quote:

Originally Posted by LIT LOVE (Post 1104280)
Yes.

But, due to the specifics of your case, I think it is highly unlikely that you will receive an OTR decision prior to your ALJ hearing.

Why is that Lit?

LIT LOVE 10-21-2014 09:58 AM

Quote:

Originally Posted by Rayandnay (Post 1104311)
Why is that Lit?

IMO, when an issue of credibility is raised, most ALJs are going to want to see you testify under oath.

Rayandnay 10-21-2014 12:47 PM

Iq
 
Quote:

Originally Posted by LIT LOVE (Post 1104339)
IMO, when an issue of credibility is raised, most ALJs are going to want to see you testify under oath.

The thing that concerned the examinator was my effort on iq and memory scale test, unless the ALJ at the hearing will retest me, my testimony will be the same as the previous 4 hearings. The examinator who administered the test was supportive of my major depressive disorder, as was 3 other CE Examinators. To bring up credibility now, to me, it seems like a judge is now cherrypicking a report, and going against the appeals council mandate, just to look for a way to deny me. Kinda like the Queens,Ny 5 aljs. Maybe I should become a advocate.

LIT LOVE 10-21-2014 03:25 PM

Quote:

Originally Posted by Rayandnay (Post 1104376)
The thing that concerned the examinator was my effort on iq and memory scale test, unless the ALJ at the hearing will retest me, my testimony will be the same as the previous 4 hearings. The examinator who administered the test was supportive of my major depressive disorder, as was 3 other CE Examinators. To bring up credibility now, to me, it seems like a judge is now cherrypicking a report, and going against the appeals council mandate, just to look for a way to deny me. Kinda like the Queens,Ny 5 aljs. Maybe I should become a advocate.

The AC has the power to give you a Fully Favorable ruling and they did not.

The ALJ is not going against the AC's mandate by not giving you an OTR decision prior to the hearing. The AC doesn't ever tie an ALJ's hands and make them ONLY address that one issue. The entire file is reviewed. AND you're given the opportunity to strengthen your case by providing new evidence.

If I were you, I'd take this opportunity and be retested beforehand.

Credibility is a major factor in most SSDI/SSI cases. I've provided links in the past explaining why.

This ALJ has NOT denied you yet. There is no evidence that she is looking for a way to deny you. With the approval rating record that your current ALJ has, there is comparison to the Queens case.

LIT LOVE 10-22-2014 12:54 PM

I meant no comparison to the Queens case.


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