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Old 07-15-2015, 02:14 AM #1
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So, your ALJ didn't request it?
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Old 07-15-2015, 08:56 AM #2
Rayandnay Rayandnay is offline
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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 #3
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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 #4
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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 #5
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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 #6
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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 #7
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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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Old 07-16-2015, 01:18 AM #8
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Originally Posted by Rayandnay View Post
Due to taxable insurance annuity from my former employer, I pay social security taxes every year until age 69
FICA taxes and Medicare taxes are withheld from WAGES. I am confused by your post.

Are you saying that 6.2% of your annuity payments are being withheld for FICA? And Medicare taxes are also being withheld?

Are you also having Federal Income Tax withheld from the annuity payments?
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