Key Players at the Hearing: Vocational Experts

Many individuals who are going to their Social Security hearing have never been to a hearing before and are unsure of what to expect. The way in which most people envision the hearing is generally very different from the place and manner in which the hearings are conducted. Unlike the typical television courtroom scene, a Social Security disability hearing is conducted in a much more informal manner and without any spectators witnessing the hearing. The only people who will be present at the hearing will be the judge, a court reporter, your attorney (if you have one), and typically medical and vocational experts.

A vocational expert has a very limited but important role to play during the hearing. When the vocational expert is given the opportunity to testify, he or she will usually begin by describing and characterizing your past relevant work in vocational terms. Following this initial testimony, the vocational expert will have to provide an opinion as to whether or not there are jobs available in the national economy that you could perform. The vocational expert makes this determination by responding to a hypothetical question posed by the judge in which certain variables that represent your various impairments are put into the hypo. The judge will then take the vocational expert’s testimony   into consideration along with other hearing testimony in order to compile the decision you will later receive in the mail.

Posted in Capability to Work (Step 5), Past Relevant Work (Step 4), Social Security Hearings, Vocational or Work Issues, Your Limitations | Comments Off on Key Players at the Hearing: Vocational Experts

What is an Administrative Law Judge (ALJ)?

ALJ is an acronym for Administrative Law Judge.  An ALJ is appointed by and works for the federal government’s Social Security Administration.  If your initial Social Security Disability application and request for reconsideration are both denied, you may file a request for a hearing before an ALJ.

The ALJ hearing your case is an unbiased and independent adjudicator, meaning he or she was not involved in any of the prior decisions in your claim and is not bound by any of them.  The ALJ will read your claim file, your medical records, and listen to your testimony, as well as the testimony of any experts he or she requests be present at your hearing before making a new decision in your case.

ALJs usually work out of local Office of Disability Adjudication and Review (ODAR) hearing offices, although some ALJs travel to areas without formal offices to conduct hearings in hotels or other similar locations.  Generally an ALJ will come from a hearing office close to where you live.

How many claims an ALJ approves varies from judge to judge.  Some judges have a much higher rate of granting disability benefits than others.   ALJs are assigned cases randomly and are very rarely removed from hearing a particular claim.  No matter which ALJ is assigned to hear your claim, your chances of winning at your hearing are substantially better if you maintain respect and courtesy for the ALJ hearing your case and for any of the experts he or she requests to be present at your hearing.

Posted in Basics of SSD, Questions & Answers, Social Security Hearings | 1 Comment

Is it True that Social Security almost Always Denies your Claim a Couple of Times before you are Approved for Disability?

No.  Many people are awarded their benefits at the initial application level, or upon appeal on Reconsideration. In terms of the total number of claimants who are awarded benefits each year, most of those people win their benefits at one of these initial levels.

However, Social Security denies approximately 2/3 of the people who apply for Social Security Disability and Disability Insurance Benefits.  A great many of those who are denied give up, and do not appeal. Of those who do appeal, only approximately 12% are awarded their benefits on reconsideration. (In some states there is no reconsideration appeal, and the case proceeds directly to the hearing level after an initial denial).  Most people who appeal the first time and seek reconsideration will appeal a second time, and request a hearing.

Every year, hundreds of thousands of people are forced to request hearings before Administrative Law Judges in order to obtain their benefits.  The great majority of these claimants will have been denied twice before they appear at an ALJ hearing.  However if you have not applied for benefits you should not assume that you will be denied.  In some states your chances of winning at the initial application level are better than 40%. But if you are denied, be sure to keep appealing.

Posted in Questions & Answers, Why People Are Denied, Winning Disability Benefits | Comments Off on Is it True that Social Security almost Always Denies your Claim a Couple of Times before you are Approved for Disability?

Social Security Prefers Disability Claimants Be In Treatment

The fact that claimants should be in treatment, and be compliant with that treatment, is a critically important rule of the Social Security Administration.  This rule is based around the idea that the person filing for disability benefits appears most reasonable if they are doing everything they can do to get better, and even treatment they are not well enough to work.  Contrast that with someone who is not doing anything to get better, or even worse, someone who is non-compliant with their doctor’s orders or is using drugs and alcohol in a way that makes their condition worse.

People who file for Social Security Disability benefits are called claimants.  Social Security requires claimants to have medical evidence to prove their case.  The best evidence you can have is from your own doctor (“treating physician”.)

What does this mean for you?  You need to be regularly seeing your doctors for all of your disabling conditions.  For each condition, you need to be compliant with your treatment plan as well.  That means you should be taking medications and following your doctor’s orders.

If you can show that you are doing everything you can to make yourself well, and you still cannot work or keep a full time job, you will be able to prove that you are disabled under Social Security’s rules.

If you are not currently in treatment, call and make appointments with your doctors.  If you need help getting into treatment, or getting an indigent health insurance plan, research it online or check with your local county health office and ask for referrals to clinics that can help you.  If you are represented by a lawyer, ask your lawyer for advice regarding medical care in your area.

Posted in Basics of SSD, Medical Evidence, Treatment & Compliance, Winning Disability Benefits | Comments Off on Social Security Prefers Disability Claimants Be In Treatment