http://www.disabilitysecrets.com/res...sability-how-s

http://www.nolo.com/legal-encycloped...isability.html

The MMPI is the test that was previously used by SS to determine if a person was malingering. It's apparently become very controversial. Did you undergo that test earlier in the application process? I'm not sure if the ALJ would consider the results now or not. http://www.aalj.org/system/files/doc...ossaresvts.pdf

You definitely need to discuss this issue with your attorney.

First time after 8 years 6 months, to think that a 59 year old man, who's taking medication for depression, hypertension, type 2 diabetes is going to be sharp as a whip, is a little delusional. I tried my best, it just wasn't happening. If the judge is not going to consider the results, why did I take the test?

Did you see my post #20?

If you haven't had Physical and Mental RFC forms fill out by your docs, it could be of significant help to you.
http://www.disabilitysecrets.com/rfc...statement.html
http://www.disabilitysecrets.com/rfcdownloadhome.html
http://www.disabilitysecrets.com/res...ental-residual

If you don't have treating docs at this point, it would be a good idea to make that a priority--even if you have to reschedule your hearing to gather more evidence.

In general it's just a very bad idea to count on the examinations and test results from SS docs. They can be accurate, but they can also be superficial simply based on the amount of time they spend with you. And SS will question your credibility if you haven't actively been treating all of your disabling conditions since your Alleged Onset Date.

Lit, I've got about 6 of them, my doctors are tired of filling them out. Like I said before every base has been covered, their only excuse now would be he's dead.

That was her impression.

Then don't worry, you've done everything possible.

I've learned more from you in the last two days than anyone including my attorneys. I will now sit back, wait on hearing number 5 to be scheduled, and hope that an OTR can be worked out. Thanks again!

You're welcome!

I would read up on the grid rules if you don't understand them 100% so that you're prepared for court.

http://www.disabilitysecrets.com/top...grid-rules-age

Grid rules don't apply to cases that are mainly mental, do they? I have hypertension, obesity, type 2 diabetes a along with major depression, plus I'm 59.

I'm guessing that the mild to moderate question makes the difference between the Vocational Expert deciding whether you can perform sedentary work or no work.

If your claim was solely mental or could be approved solely on the mental claim, than no, the grid rules wouldn't be used. Because you have a combination of disabling conditions, and you were 50+ at the time of your Alleged Onset Date, than yes, the Grid Rules do apply to you. In fact, one of the most common reasons to modify your the Alleged Onset Date is because it becomes easier to qualify at ages 50 and 55.

http://www.disabilitysecrets.com/res...s-are-used-det

"Non-Exertional Impaiments

You may still be able to win your claim if you have non-exertional impairments that limit what you can do, even if your physical RFC is for heavy work or the grids say you aren't disabled. Non-exertional impairments can be those that affect your mental functioning (such as depression), non-strength-related physical limitations (such as problems using your hands or fingers), or environmental limitations (such as not being able to be exposed to smoke, fumes, dust, noise, or temperature extremes). The grids are to be used only as a framework if you also have non-exertional limitations that are so significant that you can't do a wide range of jobs in your RFC level. For more information, see our article on combining exertional and non-exertional impairments to win your claim.

If your limitations are purely non-exertional or mental in nature -- that is, you have no exertional limitations -- the grids are not used at all."