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Author Topic: Aren't there "rules" for taking statements out of context?  (Read 544 times)

KM

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Aren't there "rules" for taking statements out of context?
« on: April 18, 2017, 09:37:54 AM »
One thing that really rubbed me wrong during my hearing was a question regarding my hobbies. Hobby #1 I was making an attempt to get back into after 10 years of absence but was having considerable problems as my wife HAD to be involved to carry things, retrieve things, the whole time I was sitting in a chair. Hobby #2 I was engaged in since childhood yet had to quit a few years ago due to one of my ailments preventing me from enjoying this one any more. Taken away from that to support a non-favorable was loosely quoted, "The claimant participates in Hobby #1 and Hobby #2 as well as..." Included in the "as well as" was references to my being socially active, which I am not as I had stated.

Another was "How much can you lift sitting there" which wasn't the same answer on record as to how much I could carry which led to my appearing dishonest as well as putting me in a higher category. I answered honestly expecting further questions to sort the difference but it was left at that and used to support a denial.

Whether my lawyer caught these and will address them I am still waiting to hear back on.

My understanding was this was against the rules.

Lit Love

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Re: Aren't there "rules" for taking statements out of context?
« Reply #1 on: April 18, 2017, 11:09:11 AM »
Your attorney may site rhese issues in your appeal.  The ALJ seemingly felt you were lacking credibility, which is the bigger issue.  If you need a walker to ambulate any distance, you should meet a Listing. 

Focus on if you wish to appeal or if your DLI allows you to refile.

KM

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Re: Aren't there "rules" for taking statements out of context?
« Reply #2 on: April 18, 2017, 12:19:23 PM »
If it took lying to get paid, I'll die poor. I told him like it is, I use a walker by my chair to get up and occasionally to move about the house. On real bad days I take it outside but that's still rare. I didn't have a script which severely rubbed him the wrong way. I do now but it's a bit late.

Disappointed

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Re: Aren't there "rules" for taking statements out of context?
« Reply #3 on: April 19, 2017, 03:06:30 PM »
I had a similar scenario at my hearing. I was asked if I watch tv. My answer was no. I was asked if I had a social media account, my answer was yes, Facebook. I was never asked do I enjoy facebook.
In my denial letter the judge stated I enjoyed watching tv and Facebook. I know this is not the reason I was denied but I feel it shows the credibility of the Jude. He LIED, period!

My case was sent to AC on account the judge didn't take my RFC into consideration. He gave light credibility to my doctors where as he gave high credibility to the SS doctor that I only seen maybe 10 minutes total. It's a crooked, broken system! At least it's how I feel. I also feel stats of a Judge has everything to do with your case. If they have high denial ratings well your most likely will be denied no matter how much medical records you have!

Just Me

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Re: Aren't there "rules" for taking statements out of context?
« Reply #4 on: April 19, 2017, 05:20:56 PM »
You were able to do your second hobby. But you stopped because you no longer enjoyed it. That is not the same as not being able to do it.

Are the limits you gave the ALJ for lifting and carrying the same that are listed in your medical records ? Did your doctor write in your medical records that he recommended a walker ? Did you use a walker at the hearing ?

Disappointed, the info on the RFC your doctor filled out had to be backed up by what was in your medical records in order for it to carry weight. If/when info in medical records are not consistent with what the claimant puts on forms and says in the hearing, it can cause creditability issues for the claimant and/or their doctors. If medical records are inconsistent it can cause creditability issues for the doctors.
« Last Edit: April 19, 2017, 05:27:59 PM by Just Me »
Hope the size of a mustard seed can produce Faith that can move mountains.

KM

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Re: Aren't there "rules" for taking statements out of context?
« Reply #5 on: April 19, 2017, 05:27:31 PM »
I didn't stop because I no longer enjoyed doing it. I wasn't able to enjoy a previous hobby due to an ailment.

I didn't give the ALJ a limit on what I could carry. He asked what I could lift from a chair and made his remarks based on that without asking further questions.

 

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