WHAT HAPPENS AT A DISABILITY HEARING?

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WHAT HAPPENS AT HEARING "STEP 5" AND WHAT IS THE DANGER?

There are 5 "steps" used in determining a Social Security disability case.  Here are the 5 steps, then we want to discuss Step 5: Is the claimant now working at SGA level? Does the claimant have a medically determinable severe impairment? Does the claimant meet a specified Listing?  If not, what is his residual functional capacity or RFC?  (What is the most he can do, even with his impairments)? Can the claimant perform any of his past relevant work? Is there any other work that exists in substantial numbers in the local, regional or national economy that the claimant can perform? Most cases that are lost are lost at Step 5, especially at the hearing level.  Social Security will call a "vocational expert," usually a Vocational Rehabilitation Counselor, to give testimony concerning "other work" that the claimant may still be able to perform.  If it is Social Security's determination that the claimant can still perform "other work," th...
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WHEN YOU APPLY FOR DISABILITY IN HUNTSVILLE

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When you apply for Social Security disability benefits in Huntsville..... Your application will be sent to a state agency in Birmingham known as the Disability Determination Service, or DDS.  A "disability specialist" will order and review copies of your medical records.  She will also evaluate your past work record. Depending on how complete your medical record is, you may or may not be sent for a consultative examination by a medical doctor or clinical psychologist.  Within about 4 months after filing your application, a decision will be made as to whether you meet the rules for Social Security disability. In Alabama, about 76 percent of claimants are denied by the DDS.  They must appeal directly to an Administrative Law Judge (ALJ) for a hearing and request a new decision. Should everyone whose application is denied appeal the decision?  YES.  In my experience, the DDS denies both good claims and bad ones in many cases.  Just because DDS says ...
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WHAT IS A HEARING BRIEF? WHAT IS IT GOOD FOR?

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A pre-hearing brief (also called a pre-hearing Memorandum) is a document prepared by your representative to succinctly explain the theory of your disability case to the judge who will hear it soon.  By "theory of the case" we mean the logical and legal argument as to why you are disabled under Social Security law and why you should be approved for benefits. As the name implies, a brief should be a short, concise document.  My briefs usually run 3 to 5 pages.  Its main purpose is to give the administrative law judge the nuts and bolts of your case in a document that he or she can read in ten minutes.  Your appeal file may contain 300 pages. Keep in mind that a Social Security judge will typically hear six cases per day.  There isn't time to read 300 pages of evidence and try to sort out the material facts.  Therefore, a 3 or 4 page document that exposes the key facts and tells where to look for details is valuable. In addition, a properly written brief w...
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