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Old 09-27-2014, 10:07 PM #41
Rayandnay Rayandnay is offline
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Angry Credibility

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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, 10:24 PM #42
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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 #43
Rayandnay Rayandnay is offline
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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, 10:40 PM #44
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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, 10:42 PM #45
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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.
Lit, by the way, my date last insured, December 2013
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Old 09-27-2014, 10:46 PM #46
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Quote:
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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Old 09-27-2014, 10:48 PM #47
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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, 11:30 PM #48
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I don't think that's possible unless I misunderstood your timeline. You haven't worked at all since 2006, correct?
I won't let you get rest, I never took any tests like these before, but I had a CE exam in 2009, the Examinator labeled my condition severe, the ME at my hearing concurred, that set up my 2 remands, the judge refused to give weight to their opinion, to my treating doctors opinion. The appeals council sternly zeroed in on that fact of why didn't you listen to us about the ME's opinion. I pay taxes on a insurance annuity from my last employer.
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Old 09-28-2014, 12:08 AM #49
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Originally Posted by Rayandnay View Post
I won't let you get rest, I never took any tests like these before, but I had a CE exam in 2009, the Examinator labeled my condition severe, the ME at my hearing concurred, that set up my 2 remands, the judge refused to give weight to their opinion, to my treating doctors opinion. The appeals council sternly zeroed in on that fact of why didn't you listen to us about the ME's opinion. I pay taxes on a insurance annuity from my last employer.

I'm missing the relevance of this: "I pay taxes on a insurance annuity from my last employer."

At the CE exam did you see a psych doc as well as a medical doc?

Which condition/s did the CE doc/s label as severe?

You're seeing a therapist, right? How long have you been seeing him or her? Usually they test you before beginning treatment.

Are you planning to bring a family member that is supportive and would be willing to testify?
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Old 09-28-2014, 09:27 AM #50
Rayandnay Rayandnay is offline
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Quote:
Originally Posted by LIT LOVE View Post
I'm missing the relevance of this: "I pay taxes on a insurance annuity from my last employer."

At the CE exam did you see a psych doc as well as a medical doc?

Which condition/s did the CE doc/s label as severe?

You're seeing a therapist, right? How long have you been seeing him or her? Usually they test you before beginning treatment.

Are you planning to bring a family member that is supportive and would be willing to testify?
Those taxes are ssa taxes, psych doc, depression labeled as severe, seeing physchiatrist since 2009, no family member. Like you said before, I've done everything I can, my file comes in boxes.
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