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Old 11-19-2014, 02:32 PM #1
Rayandnay Rayandnay is offline
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Is it mandatory that appeals council remands go to hearing?
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Old 11-19-2014, 03:37 PM #2
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Originally Posted by Rayandnay View Post
Is it mandatory that appeals council remands go to hearing?
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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Old 11-19-2014, 05:21 PM #3
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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.
Just got hearing date 1-26-15, haven't requested Otr with new judge. From what I gather she doesn't use ME at hearing just VE, any significance in that.
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Old 11-19-2014, 05:59 PM #4
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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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Old 11-19-2014, 08:04 PM #5
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Quote:
Originally Posted by LIT LOVE View Post
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.
Lit, I'm a high school graduate, nothing more, have done unskilled work all my life with no transferable skills.
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Old 11-19-2014, 08:19 PM #6
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Lit, I'm a high school graduate, nothing more, have done unskilled work all my life with no transferable skills.
I believe you said you worked as a forklift operator? That is actually considered semi-skilled work per the DOT.

http://www.occupationalinfo.org/92/921683050.html

https://secure.ssa.gov/poms.nsf/lnx/0425015015
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