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Old 12-13-2014, 10:11 PM #1
Rayandnay Rayandnay is offline
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Just read over Otr request submitted by attorney, have to admit from layman's point of view, this request was excellent. Other than wanting to see me and hear my voice, I don't know what a hearing would accomplish. It had things in it I never thought my doctors or theirs would say.
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Old 12-14-2014, 11:48 AM #2
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what is OTR
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Old 12-14-2014, 01:04 PM #3
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Originally Posted by razzle51 View Post
what is OTR
On the Record.

Ray's attorney wrote a request outlining why he felt his client should receive a Fully Favorable decision, without the need for his already scheduled ALJ hearing.

An ALJ must reach a Fully Favorable decision in order to grant an OTR request. This means the ALJ must also agree with the claimant's Alleged Onset Date. It is common for ALJs to choose a later date to approve benefits than the AOD. (ALJs will often negotiate a later onset date at the hearing. They'll agree to a favorable ruling if a claimant will amend their AOD. This allows the ALJ to reduce back pay AND still issue A Fully Favorable decision--negating the claimant's ability to appeal the decision. The ALJ has the power to choose whatever date they want, but if the claimant does not amend their AOD, than the decision is considered a Partially Favorable Decision and can be appealled.) The date chosen by the ALJ is called the Established Onset Date. It can be concur with the claimant turning a significant age like 50 or 55, or it can reflect the date of a medical event--such as the date someone suffers a stroke for example, or it can reflect when significant medical evidence is documented by a new treating source.

Attorneys are generally cautious about only writing OTRs for cases with overwhelming evidence, to protect their reputations. Even still, it's apparently not all that common to be successful--in part because SS is already having adjudicators evaluating cases to determine if evidence is strong enough to reach a Fully Favorable decision without the need for a hearing, just before the ALJ changes the case status as ready to schedule for the ALJ hearing.
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Old 12-14-2014, 04:56 PM #4
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Quote:
Originally Posted by LIT LOVE View Post
On the Record.

Ray's attorney wrote a request outlining why he felt his client should receive a Fully Favorable decision, without the need for his already scheduled ALJ hearing.

An ALJ must reach a Fully Favorable decision in order to grant an OTR request. This means the ALJ must also agree with the claimant's Alleged Onset Date. It is common for ALJs to choose a later date to approve benefits than the AOD. (ALJs will often negotiate a later onset date at the hearing. They'll agree to a favorable ruling if a claimant will amend their AOD. This allows the ALJ to reduce back pay AND still issue A Fully Favorable decision--negating the claimant's ability to appeal the decision. The ALJ has the power to choose whatever date they want, but if the claimant does not amend their AOD, than the decision is considered a Partially Favorable Decision and can be appealled.) The date chosen by the ALJ is called the Established Onset Date. It can be concur with the claimant turning a significant age like 50 or 55, or it can reflect the date of a medical event--such as the date someone suffers a stroke for example, or it can reflect when significant medical evidence is documented by a new treating source.

Attorneys are generally cautious about only writing OTRs for cases with overwhelming evidence, to protect their reputations. Even still, it's apparently not all that common to be successful--in part because SS is already having adjudicators evaluating cases to determine if evidence is strong enough to reach a Fully Favorable decision without the need for a hearing, just before the ALJ changes the case status as ready to schedule for the ALJ hearing.
Nice explanation Lit!
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Old 12-14-2014, 06:13 PM #5
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Nice explanation Lit!
Thanks. I try to connect the dots that aren't always so obvious.
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Old 12-14-2014, 11:38 PM #6
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i agreed to an amended onset date. lost 7 months. the reason for the amended onset date was a positive nerve conduction study for peripheral neuropathy. what i find ironic about the amended onset date is that the test confirmed that i had peripheral neuropathy on that date but the degree of the nerve damage that was found showed that i had had significant nerve damage for quite a while before that test. the damage doesnt just happen overnight. and i was removed from my job by my employer 17 months before the test because i was not physically able to do it anymore. But sometimes a bird in the hand is worth two in the bush. If I didnt accept the amended onset date and appealed then i was exposing myself to the possibility that i could lose altogether.
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Old 12-15-2014, 12:07 AM #7
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Originally Posted by echoes long ago View Post
i agreed to an amended onset date. lost 7 months. the reason for the amended onset date was a positive nerve conduction study for peripheral neuropathy. what i find ironic about the amended onset date is that the test confirmed that i had peripheral neuropathy on that date but the degree of the nerve damage that was found showed that i had had significant nerve damage for quite a while before that test. the damage doesnt just happen overnight. and i was removed from my job by my employer 17 months before the test because i was not physically able to do it anymore. But sometimes a bird in the hand is worth two in the bush. If I didnt accept the amended onset date and appealed then i was exposing myself to the possibility that i could lose altogether.
That's what I'm hoping for, I'll take that bird anytime
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Old 02-03-2015, 05:01 PM #8
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Originally Posted by Rayandnay View Post
Just read over Otr request submitted by attorney, have to admit from layman's point of view, this request was excellent. Other than wanting to see me and hear my voice, I don't know what a hearing would accomplish. It had things in it I never thought my doctors or theirs would say.
Glad to hear it.....
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Old 02-03-2015, 05:39 PM #9
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Glad to hear it.....
Waiting on hearing results
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Old 02-04-2015, 12:10 AM #10
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good luck
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