Remand hearing
 

Is it mandatory that appeals council remands go to hearing?

No. As you are aware, you can request an OTR decision, which I believe you attempted.

An adjudicator can also review your file and decide a Fully Favorable decision is appropriate, but that likely would have already happened by now, since your file has progressed to the point that the ALJ is ready to schedule a hearing date.

Hearing date
 

Just got hearing date 1-26-15, haven't requested Otr with new judge. From what I gather she doesn't use ME at hearing just VE, any significance in that.

I didn't have a ME at either of my hearings. Some Aljs just don't call them very often.

My guess is that the main issue at your ALJ hearing is going to be if your RFC is rated for Sedentary or Light Work.

Using the GRID RULES, based upon your being aged 50-54 at the time of your Alleged Onset Date, and assuming you have a high school degree or GED, and that you performed skilled or semiskilled work but those skills are not transferable, and if your RFC is rated for Sedentary Work, than you'll be approved. If your RFC is rated for Light Work you'll be denied.

With that SAME criteria, but changing your Alleged Onset Date to when you turned 55, and assuming you have a high school degree or GED, and that you performed skilled or semiskilled work but those skills are not transferable, and if your RFC is rated for Sedentary Work, than you'll be approved. If your RFC is rated for Light Work you'll ALSO BE APPROVED.

Your attorney can dispute the RFC rating at your ALJ hearing, of course.

Work history
 

Lit, I'm a high school graduate, nothing more, have done unskilled work all my life with no transferable skills.

I believe you said you worked as a forklift operator? That is actually considered semi-skilled work per the DOT.

http://www.occupationalinfo.org/92/921683050.html

https://secure.ssa.gov/poms.nsf/lnx/0425015015

Job title
 

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...

Thanks
 

You are wonderful

Thanks. :)

If you go to the ALJ hearing and do not qualify via the Grid Rules--because they won't give you the RFC rating of Sedentary and/or you don't wish to change your Alleged Onset Date, your attorney should then attempt to qualify you based upon the 5 Step Process--which I don't think I made clear in my last post.

You seemed highly motivated to request an OTR decision previously. Did your attorney refuse your request?