The question is “what is the alleged onset date.”
If you are making an offer of settlement or proposals of adjustment or to negotiate with claimant by and through counsel so that we may obtain a favorable decision today, we would be interesting in hearing your proposal to permit this claimant to receive his benefits. I cannot enter into a stipulation without a conference with my client and the client’s informed consent.
If you are asking me for any other reason, such as for evidentiary reasons then I will now ask my client to testify as to the last month my client achieved substantial gainful activity as after that is our alleged onset date.
My opinion is not evidence, I am not under oath, I was given no notice or a served a subpoena signed by an Article Three Judge that I would be called as a witness, and thus could not hire counsel on my own behalf and any opinion I have lacks foundation.
You are asking me for my professional opinion after my analysis of the records before you, including evidence, and a review of Social Security law and regulation. As such, you are asking me to testify as an expert witness. My usual fee as an expert witness is $1,000 an hour.
If you are instead not asking for my legal opinion then you are asking for me to relay what has been said to me by my client. As such it is a confidential communication between an attorney at law and a client and is therefore not discoverable by the government.
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Northwest Disability Advocates
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