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| | |-+  Hypatheticals by an ALJ
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Topic: Hypatheticals by an ALJ  (Read 622 times)
steve33
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« on: April 20, 2017, 09:51:42 PM »

 So I had my hearing today and I know it'll be up to the judge to make a decision, but if one hypothetical that my attorney got the VE to say no jobs and it supports it in the record. Can the judge use that? Or will he disagree with the hypothetical dispite of it being in the record and deny me?
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Lit Love
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« Reply #1 on: April 20, 2017, 10:03:18 PM »

There is no way to know.
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SFVLance
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« Reply #2 on: April 20, 2017, 10:06:09 PM »

What did he ALJ and ME (if any) says about the medical issues themselves and other things?
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Name: Lance
Location: Los Angeles
Age at Application: 46
Disability: Severe Depression, Anxiety, PTSD
Date Applied: June 1, 2012
First Approval/Denial Date: Denied August 31, 2012
Reconsideration Approval/Denial Date: No Recon in my region of CA
Hearing Date: January 25, 2013; Remand Hearing March 13, 2017
ALJ Approval/Denial Date: Denied February 20, 2013; Federally Remanded, Bench Decision March 13, 2017
Additional Info: Got Federal remand; 2nd hearing postponed, rescheduled Fall 2016. Postponed again - finally held March 2017.
steve33
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« Reply #3 on: April 20, 2017, 10:09:36 PM »

What did he ALJ and ME (if any) says about the medical issues themselves and other things?
. The alj the VE if I would be able to do full time work if I was off task 50% of the time and I'll miss 2-3 days a month due to medical issues both are stated in the record and both ended up in a "no" of the VE. There was no ME present
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KM
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« Reply #4 on: April 21, 2017, 10:43:09 AM »

"Theoretically", if the only hypothetical questions the ALJ asks are answered as "No" by the VE, that should end it and consider you approved. The problem with that is, we don't know if the ALJ will use those hypotheticals in his final decision. It sounds good on the surface but no one here can see below that.
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Name: KM
Age at Application: 48
Disability: Spastic Paraparesis/Paraplegia SPG4 aka SPAST, Arthrosis of both knees including loose bone fragments (mild/moderate), Arthritis in upper and lower spine (moderate), degenerative joint disease in shoulders
Date Applied: Early 2014
First Approval/Denial Date: Denial 9-2014
Reconsideration Approval/Denial Date: Still searching records
Date Hearing Notice Received: 7-2016?
Hearing Date: 8-2016
ALJ Approval/Denial Date: Denial 10-2016
Bonzai
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« Reply #5 on: April 21, 2017, 11:36:57 AM »

"Theoretically", if the only hypothetical questions the ALJ asks are answered as "No" by the VE, that should end it and consider you approved. The problem with that is, we don't know if the ALJ will use those hypotheticals in his final decision. It sounds good on the surface but no one here can see below that.

This is not quite correct.  During a hearing, the ALJ is finishing their own Residual Functioning Capacity from for the claimant and there is no way of telling what the limitations that have been decided by the ALJ.  Hypothetical questions are used merely to establish at which point a claimant can no longer perform a job in the National Economy.  If the ALJ decides that a claimant can work at a point prior to the final hypothetical questions, then the claimant will not be found disabled.
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"If one of these engines fails, how far will the other one take us?"
"All the way to the scene of the crash!" - Ron White
Name: Bonzai
Location: TN
Age at Application: 47
Disability: BP 1, OSA, HTN, DM II, Arthritis Knee
Date Applied: Feb 08
First Approval/Denial Date: Denied Dec 08
Reconsideration Approval/Denial Date: Denied Mar 09
Hearing Date: second hearing June 2012
ALJ Approval/Denial Date: Approval - Aug 2012
Date Award Letter Received: Oct 2012
Date Back Pay Received: Late Sept 2012
Additional Info: remanded
KM
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« Reply #6 on: April 21, 2017, 12:09:34 PM »

Exactly. Which was covered in my second sentence.
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Name: KM
Age at Application: 48
Disability: Spastic Paraparesis/Paraplegia SPG4 aka SPAST, Arthrosis of both knees including loose bone fragments (mild/moderate), Arthritis in upper and lower spine (moderate), degenerative joint disease in shoulders
Date Applied: Early 2014
First Approval/Denial Date: Denial 9-2014
Reconsideration Approval/Denial Date: Still searching records
Date Hearing Notice Received: 7-2016?
Hearing Date: 8-2016
ALJ Approval/Denial Date: Denial 10-2016
ladylove
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« Reply #7 on: April 21, 2017, 01:10:23 PM »

I had my appeal on Feb 28th and was verbal approve by the Judge, How long before I get my approval letter please tell me how do that work?
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ladylove
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« Reply #8 on: May 03, 2017, 12:25:53 PM »

A LONG TIME COMING BUT THINKS I HAVE BEEN APPROVE ON FEB 28TH  OF HIS YEAR.
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grove800
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« Reply #9 on: May 04, 2017, 03:02:25 AM »

 Kudos03
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😊
Name: Vicki
Location: IL
Age at Application: 59. Age now 62
Disability: Hypogammagobulimannenia , aggressive arthritis spine, 4 level cervical fusion, chronic pain, DDD,COPD,
Date Applied: 7/2013
First Approval/Denial Date: 11/2013
Reconsideration Approval/Denial Date: 5/2014
Date OTR requested: 6/2014
Hearing Date: January 19, 2016
Date Award Letter Received: February 3, 2016. per benefit letter on my SS website
Date Back Pay Received: February 4, 2016 direct deposit
Additional Info: fully favorable letter by mail Feb 6, 2016. Medicare started Dec 2015
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