TWO CRUCIAL STEPS IN A DISABILITY HEARING
To prevail in a Social Security disability hearing you must show that you are not working, have a serious mental OR physical impairment and meet the following crucial tests.
One crucial step is showing that you cannot perform any of your past relevant work. Social Security considers work performed at substantial gainful activity level during the past fifteen years to be relevant. Once you pass the hurdle of not being able to perform past work, it is very important to show that you have no skills that will transfer to other work.
A second crucial step is to demonstrate that you cannot perform "any other work" which is available in the national, regional or local economy. This is best shown by having a well defined list of functional limitations from medical source providers. This evidence would show your physical limitations in such areas as lifting, carrying, walking, sitting, standing, bending, reaching, squatting, etc. If you have emotional or mental limitations, you should provide evidence of limitations in memory, concentration, persistence and pace, understanding instructions, carrying out instructions, getting along with supervisors, coworkers or the public, adjusting to changes in the work routine, etc.
Social Security will nearly always have a "vocational expert" (VE) at the hearing to present testimony about your past work and to give an opinion on whether you can perform other work. The VE usually testifies near the end of the procedure. Therefore, your representative should set up the case first by clearly soliciting testimony about the claimant's limitations. I also like to add details about exactly what duties were required in past work experience, which may help to show that the claimant can no longer perform all of those duties.
If the vocational expert testifies that you cannot perform any of your past relevant work and that there is no other work that you can perform, a finding of "disabled" should be indicated. If the vocational witness's testimony is not completely favorable, your representative will have an opportunity to cross examine, which can be very effective at rebuttal of negative testimony.
These two crucial parts of a Social Security disability decision must be well planned and adequately prepared. I continue to hold the view that most hearings are won before they are held--won by thorough preparation and planning. While there is an element of luck in a disability hearing, I find the old adage to be generally true: "The harder I work the luckier I get."
CLICK HERE to see how an experienced Social Security disability advocate may give you an advantage in your disability hearing.
One crucial step is showing that you cannot perform any of your past relevant work. Social Security considers work performed at substantial gainful activity level during the past fifteen years to be relevant. Once you pass the hurdle of not being able to perform past work, it is very important to show that you have no skills that will transfer to other work.
A second crucial step is to demonstrate that you cannot perform "any other work" which is available in the national, regional or local economy. This is best shown by having a well defined list of functional limitations from medical source providers. This evidence would show your physical limitations in such areas as lifting, carrying, walking, sitting, standing, bending, reaching, squatting, etc. If you have emotional or mental limitations, you should provide evidence of limitations in memory, concentration, persistence and pace, understanding instructions, carrying out instructions, getting along with supervisors, coworkers or the public, adjusting to changes in the work routine, etc.
Social Security will nearly always have a "vocational expert" (VE) at the hearing to present testimony about your past work and to give an opinion on whether you can perform other work. The VE usually testifies near the end of the procedure. Therefore, your representative should set up the case first by clearly soliciting testimony about the claimant's limitations. I also like to add details about exactly what duties were required in past work experience, which may help to show that the claimant can no longer perform all of those duties.
If the vocational expert testifies that you cannot perform any of your past relevant work and that there is no other work that you can perform, a finding of "disabled" should be indicated. If the vocational witness's testimony is not completely favorable, your representative will have an opportunity to cross examine, which can be very effective at rebuttal of negative testimony.
These two crucial parts of a Social Security disability decision must be well planned and adequately prepared. I continue to hold the view that most hearings are won before they are held--won by thorough preparation and planning. While there is an element of luck in a disability hearing, I find the old adage to be generally true: "The harder I work the luckier I get."
CLICK HERE to see how an experienced Social Security disability advocate may give you an advantage in your disability hearing.
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