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Old 10-20-2014, 11:29 PM #1
Rayandnay Rayandnay is offline
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Does social security still employ senior attorney advisors?
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Old 10-21-2014, 12:48 AM #2
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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.
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Old 10-21-2014, 06:51 AM #3
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Originally Posted by LIT LOVE View Post
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?
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Old 10-21-2014, 09:58 AM #4
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Why is that Lit?
IMO, when an issue of credibility is raised, most ALJs are going to want to see you testify under oath.
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Old 10-21-2014, 12:47 PM #5
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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.
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Old 10-21-2014, 03:25 PM #6
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Quote:
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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.
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Old 10-22-2014, 12:54 PM #7
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I meant no comparison to the Queens case.
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