DISABILITY HEARINGS - TECHNICAL ISSUES

A disability hearing before an administrative law judge is a complicated procedure requiring skills of persuasion, logic, legal knowledge and sharp cross examination. It requires a blend of tact, argument, questioning and sometimes humor.  Here are a few issues that routinely surface during most Social Security disability hearings.

Which of the claimant's past jobs can be classified as "past relevant work" under Social Security law?  The claimant's representative must know which jobs qualify as past relevant work and which do not.  He must be sure that jobs that do not meet the technical legal definition are not permitted in vocational testimony about past job skills.  This can be crucial at Step 4.

Does the claimant have any transferable skills?  Allowing the vocational expert to find that the claimant has transferable skills may torpedo the case.  A representative must be prepared to object to assigning skills to the claimant that are not credible because, for examples, the work was performed too far in the remote past, the job was not performed long enough, or the technology has changed so as to make the claimant's skills obsolete.

What is the claimant's residual function capacity (RFC)?  In simple terms, what can the claimant still do in spite of his/her impairments?  What medical evidence places specific limitations on such abilities as walking, standing, lifting, carrying, bending, stooping, climbing, etc.?  Are there non-exertional limits that erode the occupational base?  These might include limitations in memory, concentration, persistence and pace; the ability to understand and carry out simple instructions, the ability to get along with supervisors, coworkers or others....

What if the judge offers an amended onset date?  Is the amended onset date prior to the date last insured?  Is there medical evidence to support an earlier onset date?  The date on which the judge finds the claimant to have first become disabled will determine whether back pay is due, and how much.   

At Step 5, if the vocational expert testifies that the claimant can still perform work at the sedentary exertion level, what rules, regulations or laws challenge this finding?  What evidence in the medical record rebuts it?

If the claimant has abused alcohol or drugs, is that abuse material to the alleged impairment(s)?  Does Social Security law permit drug or alcohol abuse to qualify for disability?  Does it prevent a claimant from getting disability benefits?  What if the judge cannot determine whether the claimant would still be disabled even if he stopped abusing alcohol or drugs? 

Did the claimant just say something that may have ruined his case?  He may not have noticed - but the representative should have!  The representative should clarify the problem on redirect so that the judge is not left with a false impression.  If the medical evidence contains inconsistencies, the representative should be able to explain them satisfactorily.

A Social Security disability hearing is a complex matter.  It is NOT walking into a courtroom and telling the judge a sad story about how bad you feel.  Explicit questions of law must be answered and the burden of evidence must be met.  Otherwise, there will be no award of benefits and the claimant will go home empty handed.  Think about it carefully before you gamble your financial future on self-representation.  Most of the time, it simply does not work.  If you do not hire the Forsythe Firm to represent you at your hearing, for heaven's sake, hire someone locally who has the experience and skill to represent you well.  You will not be sorry that you did.  (And if you don't win, the representative cannot charge you a fee - zip - none)!