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kbcouch 09-08-2015 07:17 PM

ALJ Hearing - Questions
 
Brief synopsis of my hearing - Judge is one of the fairest judges here in Cleveland, OH and was very nice, asked many questions, even let me elaborate about what I did at my former job (I was a supervisor, but was a very physical job...not just supervising employees), have a 4 year degree, I believe it was determined as 'skilled work', I also believe it was determined that I did not have any 'transferrable' skills, VE said I could not do previous work and ultimately 'no jobs', I was 49.99 at the date of the hearing, but turned 50 while still waiting on decision, I have 5 herniated discs between my neck and my back of which 2 are impinging on the nerve, have an FCE that shows I gave 100% effort and bottom line is I can work 3-4 hours per day alternating sitting/standing, my attorney remained in the courtroom afterwards for a few minutes then came out and said I did fantastic that the judge loved me and that I was super credible, but wouldn't tell me yay or nay!

So some concerns I have is that I do have medical documentation along with EMG test results, but not an RFC or recommendation from my doctor, the age thing and the fact that I have a 4 year degree...could any of these issues create an unfavorable decision?

LIT LOVE 09-08-2015 10:24 PM

Quote:

Originally Posted by kbcouch (Post 1169681)
Brief synopsis of my hearing - Judge is one of the fairest judges here in Cleveland, OH and was very nice, asked many questions, even let me elaborate about what I did at my former job (I was a supervisor, but was a very physical job...not just supervising employees), have a 4 year degree, I believe it was determined as 'skilled work', I also believe it was determined that I did not have any 'transferrable' skills, VE said I could not do previous work and ultimately 'no jobs', I was 49.99 at the date of the hearing, but turned 50 while still waiting on decision, I have 5 herniated discs between my neck and my back of which 2 are impinging on the nerve, have an FCE that shows I gave 100% effort and bottom line is I can work 3-4 hours per day alternating sitting/standing, my attorney remained in the courtroom afterwards for a few minutes then came out and said I did fantastic that the judge loved me and that I was super credible, but wouldn't tell me yay or nay!

So some concerns I have is that I do have medical documentation along with EMG test results, but not an RFC or recommendation from my doctor, the age thing and the fact that I have a 4 year degree...could any of these issues create an unfavorable decision?

The VE was answering no jobs to hypothetical questions, btw. Very few claimants understand the process. Unless you received a bench decision, you can be denied. It sounds as if your attorney believes you'll be approved, so you just have to sit tight and wait.


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