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Old 07-14-2015, 06:07 PM #1
Rayandnay Rayandnay is offline
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Post Pre hearing conference

Anyone ever do one of these?
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Old 07-14-2015, 08:43 PM #2
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http://www.ssa.gov/OP_Home/cfr20/405/405-0330.htm

"§ 405.330. Prehearing conferences.

(a)(1) The administrative law judge, on his or her own initiative or at your request, may decide to conduct a prehearing conference if he or she finds that such a conference would facilitate the hearing or the decision on your claim. A prehearing conference normally will be held by telephone, unless the administrative law judge decides that conducting it in another manner would be more efficient and effective in addressing the issues raised at the conference. We will give you reasonable notice of the time, place, and manner of the conference.
(2) At the conference, the administrative law judge may consider matters such as simplifying or amending the issues, obtaining and submitting evidence, and any other matters that may expedite the hearing.
(b) The administrative law judge will have a record of the prehearing conference made.
(c) We will summarize in writing the actions taken as a result of the conference, unless the administrative law judge makes a statement on the record at the hearing summarizing them.
(d) If neither you nor the person you designate to act as your representative appears at the prehearing conference, and under § 405.380(b), you do not have a good reason for failing to appear, we may dismiss the hearing request."
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Old 07-15-2015, 12:40 AM #3
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Post Pre hearing conference

Quote:
Originally Posted by LIT LOVE View Post
http://www.ssa.gov/OP_Home/cfr20/405/405-0330.htm

"§ 405.330. Prehearing conferences.

(a)(1) The administrative law judge, on his or her own initiative or at your request, may decide to conduct a prehearing conference if he or she finds that such a conference would facilitate the hearing or the decision on your claim. A prehearing conference normally will be held by telephone, unless the administrative law judge decides that conducting it in another manner would be more efficient and effective in addressing the issues raised at the conference. We will give you reasonable notice of the time, place, and manner of the conference.
(2) At the conference, the administrative law judge may consider matters such as simplifying or amending the issues, obtaining and submitting evidence, and any other matters that may expedite the hearing.
(b) The administrative law judge will have a record of the prehearing conference made.
(c) We will summarize in writing the actions taken as a result of the conference, unless the administrative law judge makes a statement on the record at the hearing summarizing them.
(d) If neither you nor the person you designate to act as your representative appears at the prehearing conference, and under § 405.380(b), you do not have a good reason for failing to appear, we may dismiss the hearing request."
I read this one and others, I just wonder how ALJ's feel about them. With the massive backlog, you would think they would be for it.
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Old 07-15-2015, 02:14 AM #4
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So, your ALJ didn't request it?
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Old 07-15-2015, 08:56 AM #5
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Originally Posted by LIT LOVE View Post
So, your ALJ didn't request it?
No, not yet. I was informed, they are looking at Otr with 55 age change. If no Otr, I'm hoping my attorney will request pre hearing conference. The only issue the appeals council wants addressed, is the opinion of my treating physiatrist who said I would have to take 3 or 4 unscheduled breaks, and miss a minimum of 4 days work per month. I can't imagine how they can discredit her opinion again, plus in two months I'll be 60, which if I'm correct puts me into another age bracket according to grid rules.
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Old 07-15-2015, 01:19 PM #6
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Quote:
Originally Posted by Rayandnay View Post
No, not yet. I was informed, they are looking at Otr with 55 age change. If no Otr, I'm hoping my attorney will request pre hearing conference. The only issue the appeals council wants addressed, is the opinion of my treating physiatrist who said I would have to take 3 or 4 unscheduled breaks, and miss a minimum of 4 days work per month. I can't imagine how they can discredit her opinion again, plus in two months I'll be 60, which if I'm correct puts me into another age bracket according to grid rules.
Your age only matters based on your AOD. So, if you amend your AOD to your 55th birthday it will be considered. You can't amend your AOD to your 60th birthday because your Date Last Insured would be long past.

Your attorney should have offered to amend your AOD at your last hearing.
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Old 07-15-2015, 05:21 PM #7
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Originally Posted by LIT LOVE View Post
Your age only matters based on your AOD. So, if you amend your AOD to your 55th birthday it will be considered. You can't amend your AOD to your 60th birthday because your Date Last Insured would be long past.

Your attorney should have offered to amend your AOD at your last hearing.
Lit, my DLI is 2015, I had binder and binder at my last hearing, with looming bankruptcy, not a lot of effort was put forth. I would be shocked if I'm denied again, there are no more excuses, they already tried to discredit my treating doctor, and the appeals council said forget that. Another denial would reveal it has nothing to do with whether I'm disabled or not. At that point, the justice department should get involved.
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Old 07-15-2015, 05:58 PM #8
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Quote:
Originally Posted by Rayandnay View Post
Lit, my DLI is 2015, I had binder and binder at my last hearing, with looming bankruptcy, not a lot of effort was put forth. I would be shocked if I'm denied again, there are no more excuses, they already tried to discredit my treating doctor, and the appeals council said forget that. Another denial would reveal it has nothing to do with whether I'm disabled or not. At that point, the justice department should get involved.
In this thread, in reply #45, you say your DLI is Dec 2013.

http://neurotalk.psychcentral.com/sh...insured&page=5
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Old 07-15-2015, 11:49 PM #9
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Quote:
Originally Posted by LIT LOVE View Post
In this thread, in reply #45, you say your DLI is Dec 2013.

http://neurotalk.psychcentral.com/sh...insured&page=5
Due to taxable insurance annuity from my former employer, I pay social security taxes every year until age 69
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Old 07-16-2015, 12:32 AM #10
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Due to taxable insurance annuity from my former employer, I pay social security taxes every year until age 69
If they're agreed to keep extending your DLi, then you can amend your AOD to your 60th birthday if needed.

Have you checked to see if your monthly benefits will drop substantially if you amend your AOD?
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