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09-26-2014, 06:58 PM | #31 | ||
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09-26-2014, 08:16 PM | #32 | ||
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Magnate
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My short version is I think you're confused by the AC's decision. They only need to determine there was one legal error in the case in order to remand, they don't have to determine anything else. I'll try and address some other parts when I'm up to it, or if you want me to call you or if you'd like to call me, send a pm. |
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09-27-2014, 12:01 AM | #33 | ||
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09-27-2014, 01:29 AM | #34 | ||
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Magnate
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http://www.ssa.gov/appeals/odar_pubs/70-10281.pdf |
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09-27-2014, 08:21 AM | #35 | ||
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09-27-2014, 10:52 AM | #36 | ||
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Magnate
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I went back and looked at a few of your earlier posts, and while it is true that they merge your files you really can't count your first application that you let lapse as a part of your timeline. You said that your attorney amended your Alleged Onset Date. Was this done due to new medical evidence, based upon you turning a certain age, or did you just mean the date allowed by the start of your second application? There is a huge difference between those scenarios. |
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09-27-2014, 01:05 PM | #37 | ||
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09-27-2014, 02:31 PM | #38 | ||
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Magnate
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In this thread you said your attorney amended your Alleged Onset Date to 2009, which would put your age at 53. Why did your attorney amend the Alleged Onset Date? Did you have more medical evidence at that point? Did you have a decrease of function, or a decline in your health? Out of curiosity, do you know what your Date Last Insured is? If so, did you turn 55 beforehand? If you're unsure, it's important to figure this out before your hearing. "I think they were just trying to do something to appease these people." I'm not sure what you mean by that. "Why do you think they sent me for IQ And Memory Scale test? By the way, my scores were very low." If these tests were also performed in the past, which I believe you stated they were, than perhaps they wanted to compare the results. Without reading your file and knowing the specifics of your case, it's difficult to answer some of these questions, but it is not at all unusual for SS to require applicants to undergo exams or tests when they feel that your medical records are insufficient. For example, you stated your docs filled out multiple sets of RFC forms for you. Did you undergo Functional Capacity Testing that your docs used as a reference to fill out those RFC forms? You've listed several ailments contributing to your being disabled. But, the ALJ is going to want to know very specifically what are the limitations caused by each. She is going to want to see evidence that you are actively seeking treatment and are compliant with recommended treatment. With the issue in this latest test questioning your credibility, I think it is highly unlikely you'll be approved prior to the hearing. The ALJ will very likely use the hearing to try to determine if your testimony is consistent with the record. She could spend three hours with you and thoroughly go through your case file...I would not make the assumption that only one or two questions need to be addressed. |
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09-27-2014, 07:53 PM | #39 | ||
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09-27-2014, 09:37 PM | #40 | ||
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Magnate
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I'm just not as convinced as you are that the ALJ will only be concerned with that one issue. It's much safer to be over prepared unnecessarily, than for you to be blind sided at the hearing. The best way for you to prepare is to read through your entire file and read as much as possible about the process. It could include doctors notes or reports you've never seen, btw. Or, it could be missing documents...that is not uncommon. Having your credibility questioned can make the difference between approval and denial. Read the following two links. The advise there is important for anyone going to an ALJ hearing. http://www.disabled-world.com/disabi...redibility.php http://www.nolo.com/legal-encycloped...y-hearing.html |
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