advertisement
Reply
 
Thread Tools Display Modes
Old 09-25-2014, 06:19 PM #21
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
Default

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.
LIT LOVE is offline   Reply With QuoteReply With Quote

advertisement
Old 09-25-2014, 06:29 PM #22
Rayandnay Rayandnay is offline
Member
 
Join Date: Dec 2012
Posts: 240
10 yr Member
Rayandnay Rayandnay is offline
Member
 
Join Date: Dec 2012
Posts: 240
10 yr Member
Default

Quote:
Originally Posted by LIT LOVE View Post
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?
Rayandnay is offline   Reply With QuoteReply With Quote
Old 09-25-2014, 06:54 PM #23
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
Default

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 LOVE is offline   Reply With QuoteReply With Quote
Old 09-25-2014, 07:02 PM #24
Rayandnay Rayandnay is offline
Member
 
Join Date: Dec 2012
Posts: 240
10 yr Member
Rayandnay Rayandnay is offline
Member
 
Join Date: Dec 2012
Posts: 240
10 yr Member
Thumbs up Covered

Quote:
Originally Posted by LIT LOVE View Post
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.
Rayandnay is offline   Reply With QuoteReply With Quote
Old 09-25-2014, 07:06 PM #25
Rayandnay Rayandnay is offline
Member
 
Join Date: Dec 2012
Posts: 240
10 yr Member
Rayandnay Rayandnay is offline
Member
 
Join Date: Dec 2012
Posts: 240
10 yr Member
Default Question

Quote:
Originally Posted by LIT LOVE View Post
Yes, SS can question the results and your credibility. Was the "not trying your best" just his impression or a part of the actual test? --For example, some tests will ask the same questions with slightly altered language to see if your answers are consistent.

You might want to be retested on your own prior to the hearing if you have insurance or can qualify for Medicaid or free/low cost county psych services.
That was her impression.
Rayandnay is offline   Reply With QuoteReply With Quote
Old 09-25-2014, 07:06 PM #26
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
Default

Quote:
Originally Posted by Rayandnay View Post
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.
Then don't worry, you've done everything possible.
LIT LOVE is offline   Reply With QuoteReply With Quote
Old 09-25-2014, 08:04 PM #27
Rayandnay Rayandnay is offline
Member
 
Join Date: Dec 2012
Posts: 240
10 yr Member
Rayandnay Rayandnay is offline
Member
 
Join Date: Dec 2012
Posts: 240
10 yr Member
Thumbs up Thanks

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!
Rayandnay is offline   Reply With QuoteReply With Quote
Old 09-25-2014, 08:46 PM #28
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
Default

Quote:
Originally Posted by Rayandnay View Post
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
LIT LOVE is offline   Reply With QuoteReply With Quote
Old 09-25-2014, 10:52 PM #29
Rayandnay Rayandnay is offline
Member
 
Join Date: Dec 2012
Posts: 240
10 yr Member
Rayandnay Rayandnay is offline
Member
 
Join Date: Dec 2012
Posts: 240
10 yr Member
Shocked Grid rules

Quote:
Originally Posted by LIT LOVE View Post
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.
Rayandnay is offline   Reply With QuoteReply With Quote
Old 09-26-2014, 12:01 AM #30
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
Default

Quote:
Originally Posted by Rayandnay View Post
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."
LIT LOVE is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Rayandnay (09-26-2014)
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
SSI hearing soon Ladibug7 New Member Introductions 2 05-20-2012 01:27 PM
Anyone ever prevail at the ALJ after doing a horrible job of testifying? Christian Social Security Disability 5 03-26-2010 02:29 PM
alj hearing anna1446 Social Security Disability 5 03-23-2010 12:59 PM
hearing woodsman Reflex Sympathetic Dystrophy (RSD and CRPS) 21 08-14-2009 08:36 AM


All times are GMT -5. The time now is 06:18 PM.

Powered by vBulletin • Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.

vBulletin Optimisation provided by vB Optimise v2.7.1 (Lite) - vBulletin Mods & Addons Copyright © 2024 DragonByte Technologies Ltd.
 

NeuroTalk Forums

Helping support those with neurological and related conditions.

 

The material on this site is for informational purposes only,
and is not a substitute for medical advice, diagnosis or treatment
provided by a qualified health care provider.


Always consult your doctor before trying anything you read here.