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Old 10-04-2014, 12:39 AM #11
Rayandnay Rayandnay is offline
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Join Date: Dec 2012
Posts: 240
10 yr Member
Rayandnay Rayandnay is offline
Member
 
Join Date: Dec 2012
Posts: 240
10 yr Member
Lightbulb Otr

Quote:
Originally Posted by LIT LOVE View Post
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.
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