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Alj Hearing Date Scheduled



My second ALJ hearing date is scheduled in July. I was denied at the first ALJ hearing and appealed to the Appeals Council and was denied there also. My attorney did an on-the-record brief for an on-the-record decision but I haven't heard back from the ODAR. My file has been transferred to a different ODAR office and they will make the decision on my ALJ hearing. I am considered a younger individual and I have two doctors stating that I cannot maintain a full eight hour five days a week job without any interruptions. What are my chances of being approved this time around and should I have my mother testify at the hearing since I live with her and she is aware of all of my medical conditions and how I act on a daily basis.

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I just had my second ALJ hearing with a Vocational Expert sitting in via Video TeleConference (VTC), last week. I also requested a review of the first ALJ denial from the Appeals Council, and was granted it on seven issues that the ALJ has to address. I had my wife available to testify, but my lawyer felt that we didn't need her testimony.

I would say that your odds on receiving Social Security Disability Insurance are really dependent upon the new ALJ you have. You should have a different ALJ, since you are in a different ODAR office, but then they can always VTC you with the old one (paranoia anyone?). I have the same ALJ as the first hearing, who is proud of his low-approval rate (32%). I found out that rate is inflated by Social Security assigning him Compassionate Allowance claims; which are fully favorable to the claimant. So my lawyer and I have planned accordingly, and laid the groundwork out for yet another request of review of denial from the same ALJ. If the Appeals Council declines to review my denial or affirms the ALJ's decision, we are going to file suit in Federal District Court - where we will win, as the ALJ has violated 20 C.F.R.

Social Security should be simple. If you have the evidence to prove that you are totally disabled, then you should be granted benefits.

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You should definitely plan to have your mother testify. Your attorney might decide at the hearing that her testimony isn't needed - but it would be better to have her there and not need her than need her there and not have her.

The question is not so much whether you can work eight hours a day five days a week without interruptions, but whether you are capable of working a job that can support you - or as a younger individual, be trained for such a job. I apologize, but I am not familiar with your disabilities and so I don't know how they affect you. I would take the fact that your attorney asked for a on-the-record decision as a good sign. That shows that he thinks there is enough information already in the record to award you benefits without a hearing. And as a general rule, attorneys don't like to waste their time on cases they do not think will eventually get approved.

If you know the name of your judge, you can look up their stats here http://www.disabilityjudges.com/

Good Luck!

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