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11-19-2014, 02:32 PM | #1 | ||
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Is it mandatory that appeals council remands go to hearing?
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11-19-2014, 03:37 PM | #2 | ||
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Magnate
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No. As you are aware, you can request an OTR decision, which I believe you attempted.
An adjudicator can also review your file and decide a Fully Favorable decision is appropriate, but that likely would have already happened by now, since your file has progressed to the point that the ALJ is ready to schedule a hearing date. |
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11-19-2014, 05:21 PM | #3 | ||
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Quote:
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11-19-2014, 05:59 PM | #4 | ||
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Magnate
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I didn't have a ME at either of my hearings. Some Aljs just don't call them very often.
My guess is that the main issue at your ALJ hearing is going to be if your RFC is rated for Sedentary or Light Work. Using the GRID RULES, based upon your being aged 50-54 at the time of your Alleged Onset Date, and assuming you have a high school degree or GED, and that you performed skilled or semiskilled work but those skills are not transferable, and if your RFC is rated for Sedentary Work, than you'll be approved. If your RFC is rated for Light Work you'll be denied. With that SAME criteria, but changing your Alleged Onset Date to when you turned 55, and assuming you have a high school degree or GED, and that you performed skilled or semiskilled work but those skills are not transferable, and if your RFC is rated for Sedentary Work, than you'll be approved. If your RFC is rated for Light Work you'll ALSO BE APPROVED. Your attorney can dispute the RFC rating at your ALJ hearing, of course. |
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"Thanks for this!" says: | Rayandnay (11-19-2014) |
11-19-2014, 08:04 PM | #5 | ||
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Quote:
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11-19-2014, 08:19 PM | #6 | ||
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Magnate
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Quote:
http://www.occupationalinfo.org/92/921683050.html https://secure.ssa.gov/poms.nsf/lnx/0425015015 |
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"Thanks for this!" says: | Rayandnay (11-19-2014) |
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