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Author Topic: Hypatheticals by an ALJ  (Read 803 times)

steve33

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Hypatheticals by an ALJ
« on: April 20, 2017, 08:51:42 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?

Lit Love

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Re: Hypatheticals by an ALJ
« Reply #1 on: April 20, 2017, 09:03:18 PM »
There is no way to know.

SFVLance

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Re: Hypatheticals by an ALJ
« Reply #2 on: April 20, 2017, 09:06:09 PM »
What did he ALJ and ME (if any) says about the medical issues themselves and other things?
Los Angeles, CA

Short Version: Filed in June 2012 at age 46; major depression + general anxiety. Denied all the way through. Fed district court remanded, 2nd hearing delayed twice (11 months total delay). Bench approval at remand hearing in March 2017. Took six months to receive most of back pay.

steve33

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Re: Hypatheticals by an ALJ
« Reply #3 on: April 20, 2017, 09:09:36 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

KM

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Re: Hypatheticals by an ALJ
« Reply #4 on: April 21, 2017, 09:43:09 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.

Bonzai

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Re: Hypatheticals by an ALJ
« Reply #5 on: April 21, 2017, 10:36:57 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.
"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

KM

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Re: Hypatheticals by an ALJ
« Reply #6 on: April 21, 2017, 11:09:34 AM »
Exactly. Which was covered in my second sentence.

ladylove

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Re:ladylove
« Reply #7 on: April 21, 2017, 12:10:23 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?

ladylove

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approval verbal bye the judge
« Reply #8 on: May 03, 2017, 11:25:53 AM »
A LONG TIME COMING BUT THINKS I HAVE BEEN APPROVE ON FEB 28TH  OF HIS YEAR.

grove800

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Re: Hypatheticals by an ALJ
« Reply #9 on: May 04, 2017, 02:02:25 AM »
 :Kudos03:
😊

 

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