DID YOU WIN YOUR HEARING?

by Charles W. Forsythe, MS, EDPNA
Social Security Disability Advocate
The Forsythe Firm    Huntsville AL   (256) 799-0297

I recently represented a client at a Social Security
disability hearing.  The judge asked the usual questions,
then allowed me to question my client.  I felt that the 
testimony was particularly convincing; so much so, in fact that I cut my questioning short, feeling enough had been said.


The claimant had no relevant past work history and no job skills.  So, we went right down to Step 5 with the Vocational Expert's (VE) testimony.  The judge asked one hypothetical question concerning any work that might be available for an individual in the claimant's situation.


The Vocational Expert said the word that every representative wants to hear:  No.  No, there is no work available in the local, regional or national economy.


The judge looked at me and said, "Mr. Forsythe, is there anything else?"


Occasionally knowing when to shut my mouth, I replied, "No, Sir."  


The hearing was over.  The judge gave absolutely no indication of his decision.  He didn't need to.


In a case like this, when the Vocational Expert testifies, "No work available," the case is very likely won.  As I said to my client on the way out, "I would be shocked if your case is not decided in your favor."


Often, the testimony of the Vocational Expert is your best indication of whether the hearing went in your favor.  And the VE's testimony will depend on the evidence presented before her turn comes to testify.  The claimant and representative have about 20 minutes to "make hay while the sun shines."

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