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-   -   Pre hearing conference (https://www.neurotalk.org/social-security-disability/222988-pre-hearing-conference.html)

Rayandnay 07-14-2015 06:07 PM

Pre hearing conference
 
Anyone ever do one of these?

LIT LOVE 07-14-2015 08:43 PM

http://www.ssa.gov/OP_Home/cfr20/405/405-0330.htm

"§ 405.330. Prehearing conferences.

(a)(1) The administrative law judge, on his or her own initiative or at your request, may decide to conduct a prehearing conference if he or she finds that such a conference would facilitate the hearing or the decision on your claim. A prehearing conference normally will be held by telephone, unless the administrative law judge decides that conducting it in another manner would be more efficient and effective in addressing the issues raised at the conference. We will give you reasonable notice of the time, place, and manner of the conference.
(2) At the conference, the administrative law judge may consider matters such as simplifying or amending the issues, obtaining and submitting evidence, and any other matters that may expedite the hearing.
(b) The administrative law judge will have a record of the prehearing conference made.
(c) We will summarize in writing the actions taken as a result of the conference, unless the administrative law judge makes a statement on the record at the hearing summarizing them.
(d) If neither you nor the person you designate to act as your representative appears at the prehearing conference, and under § 405.380(b), you do not have a good reason for failing to appear, we may dismiss the hearing request."

Rayandnay 07-15-2015 12:40 AM

Pre hearing conference
 
Quote:

Originally Posted by LIT LOVE (Post 1155122)
http://www.ssa.gov/OP_Home/cfr20/405/405-0330.htm

"§ 405.330. Prehearing conferences.

(a)(1) The administrative law judge, on his or her own initiative or at your request, may decide to conduct a prehearing conference if he or she finds that such a conference would facilitate the hearing or the decision on your claim. A prehearing conference normally will be held by telephone, unless the administrative law judge decides that conducting it in another manner would be more efficient and effective in addressing the issues raised at the conference. We will give you reasonable notice of the time, place, and manner of the conference.
(2) At the conference, the administrative law judge may consider matters such as simplifying or amending the issues, obtaining and submitting evidence, and any other matters that may expedite the hearing.
(b) The administrative law judge will have a record of the prehearing conference made.
(c) We will summarize in writing the actions taken as a result of the conference, unless the administrative law judge makes a statement on the record at the hearing summarizing them.
(d) If neither you nor the person you designate to act as your representative appears at the prehearing conference, and under § 405.380(b), you do not have a good reason for failing to appear, we may dismiss the hearing request."

I read this one and others, I just wonder how ALJ's feel about them. With the massive backlog, you would think they would be for it.

LIT LOVE 07-15-2015 02:14 AM

So, your ALJ didn't request it?

Rayandnay 07-15-2015 08:56 AM

Request
 
Quote:

Originally Posted by LIT LOVE (Post 1155159)
So, your ALJ didn't request it?

No, not yet. I was informed, they are looking at Otr with 55 age change. If no Otr, I'm hoping my attorney will request pre hearing conference. The only issue the appeals council wants addressed, is the opinion of my treating physiatrist who said I would have to take 3 or 4 unscheduled breaks, and miss a minimum of 4 days work per month. I can't imagine how they can discredit her opinion again, plus in two months I'll be 60, which if I'm correct puts me into another age bracket according to grid rules.

LIT LOVE 07-15-2015 01:19 PM

Quote:

Originally Posted by Rayandnay (Post 1155209)
No, not yet. I was informed, they are looking at Otr with 55 age change. If no Otr, I'm hoping my attorney will request pre hearing conference. The only issue the appeals council wants addressed, is the opinion of my treating physiatrist who said I would have to take 3 or 4 unscheduled breaks, and miss a minimum of 4 days work per month. I can't imagine how they can discredit her opinion again, plus in two months I'll be 60, which if I'm correct puts me into another age bracket according to grid rules.

Your age only matters based on your AOD. So, if you amend your AOD to your 55th birthday it will be considered. You can't amend your AOD to your 60th birthday because your Date Last Insured would be long past.

Your attorney should have offered to amend your AOD at your last hearing.

Rayandnay 07-15-2015 05:21 PM

Denied
 
Quote:

Originally Posted by LIT LOVE (Post 1155270)
Your age only matters based on your AOD. So, if you amend your AOD to your 55th birthday it will be considered. You can't amend your AOD to your 60th birthday because your Date Last Insured would be long past.

Your attorney should have offered to amend your AOD at your last hearing.

Lit, my DLI is 2015, I had binder and binder at my last hearing, with looming bankruptcy, not a lot of effort was put forth. I would be shocked if I'm denied again, there are no more excuses, they already tried to discredit my treating doctor, and the appeals council said forget that. Another denial would reveal it has nothing to do with whether I'm disabled or not. At that point, the justice department should get involved.

LIT LOVE 07-15-2015 05:58 PM

Quote:

Originally Posted by Rayandnay (Post 1155325)
Lit, my DLI is 2015, I had binder and binder at my last hearing, with looming bankruptcy, not a lot of effort was put forth. I would be shocked if I'm denied again, there are no more excuses, they already tried to discredit my treating doctor, and the appeals council said forget that. Another denial would reveal it has nothing to do with whether I'm disabled or not. At that point, the justice department should get involved.

In this thread, in reply #45, you say your DLI is Dec 2013.

http://neurotalk.psychcentral.com/sh...insured&page=5

Rayandnay 07-15-2015 11:49 PM

Every year
 
Quote:

Originally Posted by LIT LOVE (Post 1155337)
In this thread, in reply #45, you say your DLI is Dec 2013.

http://neurotalk.psychcentral.com/sh...insured&page=5

Due to taxable insurance annuity from my former employer, I pay social security taxes every year until age 69

LIT LOVE 07-16-2015 12:32 AM

Quote:

Originally Posted by Rayandnay (Post 1155394)
Due to taxable insurance annuity from my former employer, I pay social security taxes every year until age 69

If they're agreed to keep extending your DLi, then you can amend your AOD to your 60th birthday if needed.

Have you checked to see if your monthly benefits will drop substantially if you amend your AOD?


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