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Old 09-27-2014, 02:31 PM #1
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Originally Posted by Rayandnay View Post
I think they were just trying to do something to appease these people. What did you mean by first application lapse. Why do you think they sent me for IQ And Memory Scale test? By the way, my scores were very low.
In an earlier post said you applied for SSDI in 2006 when you were 50 and you were denied by the Appeal's Council. Although you filed the paperwork for Federal Court you never responded and let that court case lapse. You then filed a second application in 2008 when you were 52.

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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Old 09-27-2014, 07:53 PM #2
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Originally Posted by LIT LOVE View Post
In an earlier post said you applied for SSDI in 2006 when you were 50 and you were denied by the Appeal's Council. Although you filed the paperwork for Federal Court you never responded and let that court case lapse. You then filed a second application in 2008 when you were 52.

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.
Lit, I don't want to sound overconfident by any means, but I can't think of any reason for denial at this point, to risk having the appeals council look at my case a 4th time because an Examinator felt in her heart that I didn't try my best on a very difficult test, who still believes I have severe depression, I just don't see a honest denial, I see a dishonest, prejudice denial. I have racked my brain to come up with any possible reason, but I just don't see one.
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Old 09-27-2014, 09:37 PM #3
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Originally Posted by Rayandnay View Post
Lit, I don't want to sound overconfident by any means, but I can't think of any reason for denial at this point, to risk having the appeals council look at my case a 4th time because an Examinator felt in her heart that I didn't try my best on a very difficult test, who still believes I have severe depression, I just don't see a honest denial, I see a dishonest, prejudice denial. I have racked my brain to come up with any possible reason, but I just don't see one.
First off, I don't think the Appeal's Council attaches any major significance to the amount of times a case is sent back to them. (Did all four appeals even occur after you filed the second application?) They're not emotionally invested in the process like you are. Most of the time they're not even deciding the merit of a case, they're simply ruling on the application of the law.

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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Old 09-27-2014, 10:07 PM #4
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Originally Posted by LIT LOVE View Post
First off, I don't think the Appeal's Council attaches any major significance to the amount of times a case is sent back to them. (Did all four appeals even occur after you filed the second application?) They're not emotionally invested in the process like you are. Most of the time they're not even deciding the merit of a case, they're simply ruling on the application of the law.

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
Lit, in the 8 1/2 years of this process, my credibility has never been questioned, the only question was my effort on a test, which in court of law is one person's opinion, which leads to the question, since none of us can read minds, how can you tell. Unless I'm going to be hired by MIT, what does a high IQ have to do with severe depression. I still wonder, what do you want from a 59 year old man on heavy meds.
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Old 09-27-2014, 10:40 PM #5
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Originally Posted by Rayandnay View Post
Lit, in the 8 1/2 years of this process, my credibility has never been questioned, the only question was my effort on a test, which in court of law is one person's opinion, which leads to the question, since none of us can read minds, how can you tell. Unless I'm going to be hired by MIT, what does a high IQ have to do with severe depression. I still wonder, what do you want from a 59 year old man on heavy meds.
You are trying to apply logic...which won't help you.

The fact that you're 59 now and on heavy meds is not relevant. You must focus on what your health was at the time of your second application.
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Old 09-27-2014, 10:24 PM #6
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I think I finally remembered one of my points from my poor, lost post from last night! If I'm repeating myself, please forgive me

Not only do the results from this last exam and tests matter, but the ALJ also has to decide whether or not there is evidence that your condition was the same at the time of your Alleged Onset Date to award you a Fully Favorable Decision, or at a later date but within the Date Last Insured to award you a Partially Favorable Decision.

In other words, you need to keep in mind that you're trying to prove your health was such that you were unable to work at any job since 2008.
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Old 09-27-2014, 10:40 PM #7
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Originally Posted by LIT LOVE View Post
I think I finally remembered one of my points from my poor, lost post from last night! If I'm repeating myself, please forgive me

Not only do the results from this last exam and tests matter, but the ALJ also has to decide whether or not there is evidence that your condition was the same at the time of your Alleged Onset Date to award you a Fully Favorable Decision, or at a later date but within the Date Last Insured to award you a Partially Favorable Decision.

In other words, you need to keep in mind that you're trying to prove your health was such that you were unable to work at any job since 2008.
I'm let you get some rest after this, which do you they accept, test scores that have me in the mentally retarded area, every score was low, or will the ALJ cherry pick the report and say, he didn't give his best effort. One thing, that struck me as odd, her conclusion was that I have severe depression based on her interview and my overall record.
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Old 09-27-2014, 10:42 PM #8
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I'm let you get some rest after this, which do you they accept, test scores that have me in the mentally retarded area, every score was low, or will the ALJ cherry pick the report and say, he didn't give his best effort. One thing, that struck me as odd, her conclusion was that I have severe depression based on her interview and my overall record.
Lit, by the way, my date last insured, December 2013
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Old 09-27-2014, 10:48 PM #9
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Lit, by the way, my date last insured, December 2013
I don't think that's possible unless I misunderstood your timeline. You haven't worked at all since 2006, correct?
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Old 09-27-2014, 10:46 PM #10
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Originally Posted by Rayandnay View Post
I'm let you get some rest after this, which do you they accept, test scores that have me in the mentally retarded area, every score was low, or will the ALJ cherry pick the report and say, he didn't give his best effort. One thing, that struck me as odd, her conclusion was that I have severe depression based on her interview and my overall record.
When you took the same types of tests back in 2008 or so, did you have the same results?

Her conclusion of severe depression based on her interview and the record is positive in terms of proving your case.
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