Tuesday, November 13, 2012

DISABILITY HEARING CHECKLIST

Pilots go through an extensive checklist before they take off.  I read an article recently about a checklist for Social Security attorneys and advocates.  The purpose is to have an organized method of checking the case - to be sure everything has been done.  Here is an example of a Social Security disability hearing checklist.  Of course, you can make these lists as long and detailed as you want.  I've kept this one fairly simple.
  • Has all the medical evidence been submitted and labeled for exhibits?
  • Have you secured a Medical Source Statement from at least 1 treating doctor? 
  • Would written statements from family members, friends or co-workers help?
  • Are all impairments - physical and/or mental - being documented and used?
  • Has a legal brief or memorandum been submitted?
  • Has the case been screened or considered for an on-the-record request?
  • Checked to see if there is any record of wages after the alleged onset date?
  • Have you found and explained any contradictions in the medical records?
  • Is there a sound theory of the case and is it well defined and articulated?
  • Do you have multiple reasons why the claimant cannot work? 
  • Is there a plan to address special problems, eg., a history substance abuse?
  • Have the Appendix II Listings been compared to see if a Listing can be met?
  • What is the claimant's residual functional capacity?  How is that established?
  •  How is the claimants past relevant work classified as to exertion and skill level?
  • Does the claimant have any transferable skills?
  • Can the claimant's age, education and functional capacity show inability to work?
  • Is there a Grid Rule that would direct a finding of disability at step 5?
  •  What type of work is the vocational expert likely to suggest the claimant can do?
  • Have you prepared effective cross examination for the vocational expert?
  • Are all of your questions for the vocational expert in "occupational terms"?
  • Have you met with your client and prepared him/her for the hearing?
If you feel you need help preparing for a Social Security disability hearing the Forsythe Firm in Huntsville will be happy to give you a free consultative visit at no obligation.  You may contact us at (256) 799-0297 or toll free at 1-855-854-2274.  

No comments:

Post a Comment