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-   -   Otr request (https://www.neurotalk.org/social-security-disability/210360-otr-request.html)

Rayandnay 10-04-2014 12:39 AM

Otr
 
Quote:

Originally Posted by LIT LOVE (Post 1101058)
I'd start with your normal procedure--if your regular contact is a paralegal or junior attorney, then start there.

If your attorney/s are in agreement that this is a good idea, fine. If not, it is a bad idea to push for it in my opinion. I think you're potentially squandering a big opportunity to have a hearing before a new, fair ALJ. The ALJ can deny you OTR as well as approve you and then you would have to appeal yet again and even be potentially faced with a Federal Case--which many attorneys won't even touch and if they do they are no longer limited to the $6000 maximum.

You need to accept that while your previous ALJ might have had a low approval rating, your first application didn't have enough documentation to prove your case. You must remember you chose not to pursue the first Federal Case, and you amended your Alleged Onset Date after filing your second application--so you can't consider that this case has been going on for 8 years.

It is extremely difficult to be patient at this stage, but I encourage you to speak with your therapist if you're struggling. Read up on how to prepare. There are plenty of people that have been in your exact position and are denied at their 3rd, 4th, or 5th ALJ hearing and then denied at appeal. You really need to treat this opportunity seriously in my opinion.

Let me give you a baseball analogy. You're at bat and have 3 balls and 2 strikes--going to your ALJ hearing is like having the opportunity to hit a homerun on the last pitch.

In talking to my attorney, they are waiting for report from my psychiatrist to go along with CE Examinator who has me mentally retarded with severe depression, and then see if Otr is possible.

LIT LOVE 10-04-2014 12:47 AM

Quote:

Originally Posted by Rayandnay (Post 1101072)
In talking to my attorney, they are waiting for report from my psychiatrist to go along with CE Examinator who has me mentally retarded with severe depression, and then see if Otr is possible.

Than they're already doing everything possible in your best interest. Be patient, okay? ;)

Rayandnay 10-04-2014 10:31 AM

I'm trying
 
Quote:

Originally Posted by LIT LOVE (Post 1101074)
Than they're already doing everything possible in your best interest. Be patient, okay? ;)

It's not easy after 102 months, but I truly believe in my heart this is it, 5 of my doctors, 3 of theirs all say the same thing. One other thing Lit, when you file a discrimiantion claim, why doesn't anyone tell you the results of investigation, or does that form go into circular file?

LIT LOVE 10-04-2014 12:30 PM

Quote:

Originally Posted by Rayandnay (Post 1101130)
It's not easy after 102 months, but I truly believe in my heart this is it, 5 of my doctors, 3 of theirs all say the same thing. One other thing Lit, when you file a discrimiantion claim, why doesn't anyone tell you the results of investigation, or does that form go into circular file?


You filed a discrimination claim against someone at SS? Why? When?

Rayandnay 10-04-2014 12:50 PM

Why, when
 
Quote:

Originally Posted by LIT LOVE (Post 1101150)
You filed a discrimination claim against someone at SS? Why? When?

The ALJ that I had 3 hearings with, failed to listen to social securitys doctors, my doctors, even on remand, didn't address appeals council directive on addressing ME who testified at hearing, notorios judge who has a high number of cases remanded. Was warned, he doesn't believe in physche cases, 38% approval rating, just doesn't seem like smart judge. Actually filed 2 discrimiantion charges, latest 10-13, if you don't listen to my doctors or ssa doctors, what chance does anyone have with this guy?

LIT LOVE 10-04-2014 05:18 PM

Quote:

Originally Posted by Rayandnay (Post 1101152)
The ALJ that I had 3 hearings with, failed to listen to social securitys doctors, my doctors, even on remand, didn't address appeals council directive on addressing ME who testified at hearing, notorios judge who has a high number of cases remanded. Was warned, he doesn't believe in physche cases, 38% approval rating, just doesn't seem like smart judge. Actually filed 2 discrimiantion charges, latest 10-13, if you don't listen to my doctors or ssa doctors, what chance does anyone have with this guy?

You've been given a new ALJ, so you've moved your case forward. At this point you need to concentrate on proving your case and your own health.

LIT LOVE 10-06-2014 08:27 AM

I came across these links and thought they might be of some interest to you. I'm guessing the first and second link are more applicable, but that's is just a guess, so I included both. The first gives some suggestions about additional documentation that might be of some help at your ALJ hearing.

http://www.disabilitysecrets.com/res...g-benefits.htm

http://www.disabilitysecrets.com/page9-16.html

http://www.disabilitysecrets.com/page11-10.html

Rayandnay 10-06-2014 10:27 AM

Good stuff
 
Quote:

Originally Posted by LIT LOVE (Post 1101441)
I came across these links and thought they might be of some interest to you. I'm guessing the first and second link are more applicable, but that's is just a guess, so I included both. The first gives some suggestions about additional documentation that might be of some help at your ALJ hearing.

http://www.disabilitysecrets.com/res...g-benefits.htm

http://www.disabilitysecrets.com/page9-16.html

http://www.disabilitysecrets.com/page11-10.html

Thanks, I just have to get a ALJ who will fall the rules, not take things personal, and who's not a war with the Appeals Council, then that box of evidence will mean something. That's why I believe a OTR request is appropriate, because if it's denied, you can gage where your case is weak.

Rayandnay 10-06-2014 10:46 AM

Iq score
 
Quote:

Originally Posted by LIT LOVE (Post 1101441)
I came across these links and thought they might be of some interest to you. I'm guessing the first and second link are more applicable, but that's is just a guess, so I included both. The first gives some suggestions about additional documentation that might be of some help at your ALJ hearing.

http://www.disabilitysecrets.com/res...g-benefits.htm

http://www.disabilitysecrets.com/page9-16.html

http://www.disabilitysecrets.com/page11-10.html

Here's the words of the Examinator, "Mr. Jones obtained a full scale iq score of 58, which would classify him in the mental retardation range. However, I am not comfortable assigning this diagnosis, because of his appeared lack of effort likely impacting his true scores. Does this fall into malingering, and this test is thrown out or maybe retesting? Mr. Jones does appear to be experiencing symptoms of major depressive disorder. Aging has to play a part in low iq, and medication.

LIT LOVE 10-06-2014 09:23 PM

Quote:

Originally Posted by Rayandnay (Post 1101463)
Here's the words of the Examinator, "Mr. Jones obtained a full scale iq score of 58, which would classify him in the mental retardation range. However, I am not comfortable assigning this diagnosis, because of his appeared lack of effort likely impacting his true scores. Does this fall into malingering, and this test is thrown out or maybe retesting? Mr. Jones does appear to be experiencing symptoms of major depressive disorder. Aging has to play a part in low iq, and medication.

If accepted, that score would qualify for a listing of intellectual developmental disorder, but I think there is almost no chance you'll receive an OTR decision with the qualifications the Examiner wrote.

I believe an ALJ could deny you benefits at a hearing based upon what that Examiner wrote.

If you could be retested before the ALJ hearing, that would be a VERY good idea.


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