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DISABILITY HEARINGS CAN FALL APART - GLUE CAREFULLY!

The one certain thing about a Social Security disability hearing is that nothing is certain.  I've seen disability hearings fall apart and I've heard all the horror stories from other advocates.  We all have one or two.  That brings to mind some excellent advice that an attorney recently shared at a Social Security disability conference.

His advice was, essentially, have a plan, have a back up plan, and have a third plan ready.  That is really the best way to approach a hearing.  Go in with a logical theory about how the claimant is disabled under Social Security law.  But don't put everything at stake with only that one theory.  Have a second plausible theory ready and waiting.  Finally, have a third theory to explain why the claimant cannot work.

My experience has been that hearings usually go well at steps 1, 2 and 3.  Step 1, is the claimant working?  That's easy.  Step 2, does the claimant have a severe impairment?  That's not too hard to establish.  Step 3, does the claimant meet a lilsting?  If not, what is the claimant's residual functional capacity?  Adequate medical evidence should establish that.

At step 4, the vocational expert (VE) often comes to life in the hearing.  At this step, the judge will ask the VE if the claimant can do any of his or her past relevant work.  If the conclusion is, "Yes, the claimant can still perform one or more of the jobs she held during the past 15 years," the case is in trouble.  There must be a backup plan that accounts for this possibility.

At step 5, the vocational expert (VE) must answer another question:  Is there any other work that the claimant could still perform?  A, "Yes, I can give examples of 3 or 4 jobs that the claimant could still perform" - means an unfavorable ruling if that answer is allowed to stand unchallenged.  Plan number 3 should be ready to explain why the claimant cannot perform any of those jobs or any other job.

What is being wisely recommended here is planning for every possible contingency.  Some advocates call it "the rule of 3's."  Have at least 3 reasons why your claimant cannot work and support those reasons with medical and vocational evidence.  Of course, this does not guarantee a favorable decision - but it sure increases the odds!  

Social Security disability hearings can fall apart.  Keep the glue handy and apply liberally. The claimant deserves to be represented by an advocate who is well prepared.

The Forsythe Firm in Huntsville offers free evaluations for Social Security disability claimants.


You may also want to visit the new NOSSCR website here.

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