[Rayandnay]

Does social security still employ senior attorney advisors?

[LIT LOVE]

Yes.

But, due to the specifics of your case, I think it is highly unlikely that you will receive an OTR decision prior to your ALJ hearing.

[Rayandnay]

Originally Posted by LIT LOVE

Yes.

But, due to the specifics of your case, I think it is highly unlikely that you will receive an OTR decision prior to your ALJ hearing.

Why is that Lit?

[LIT LOVE]

Originally Posted by Rayandnay

Why is that Lit?

IMO, when an issue of credibility is raised, most ALJs are going to want to see you testify under oath.

[Rayandnay]

Originally Posted by LIT LOVE

IMO, when an issue of credibility is raised, most ALJs are going to want to see you testify under oath.

The thing that concerned the examinator was my effort on iq and memory scale test, unless the ALJ at the hearing will retest me, my testimony will be the same as the previous 4 hearings. The examinator who administered the test was supportive of my major depressive disorder, as was 3 other CE Examinators. To bring up credibility now, to me, it seems like a judge is now cherrypicking a report, and going against the appeals council mandate, just to look for a way to deny me. Kinda like the Queens,Ny 5 aljs. Maybe I should become a advocate.

[LIT LOVE]

Originally Posted by Rayandnay

The thing that concerned the examinator was my effort on iq and memory scale test, unless the ALJ at the hearing will retest me, my testimony will be the same as the previous 4 hearings. The examinator who administered the test was supportive of my major depressive disorder, as was 3 other CE Examinators. To bring up credibility now, to me, it seems like a judge is now cherrypicking a report, and going against the appeals council mandate, just to look for a way to deny me. Kinda like the Queens,Ny 5 aljs. Maybe I should become a advocate.

The AC has the power to give you a Fully Favorable ruling and they did not.

The ALJ is not going against the AC's mandate by not giving you an OTR decision prior to the hearing. The AC doesn't ever tie an ALJ's hands and make them ONLY address that one issue. The entire file is reviewed. AND you're given the opportunity to strengthen your case by providing new evidence.

If I were you, I'd take this opportunity and be retested beforehand.

Credibility is a major factor in most SSDI/SSI cases. I've provided links in the past explaining why.

This ALJ has NOT denied you yet. There is no evidence that she is looking for a way to deny you. With the approval rating record that your current ALJ has, there is comparison to the Queens case.