CRITICAL POINT AT AN SSI OR SSDI HEARING

A Social Security disability hearing has 5 steps or parts.  The last two parts are critical, especially part 5.

Part four asks if the claimant can perform any of his past relevant work (in general, any of the work he has done during the last 15 years)?  If not, the hearing proceeds to step five.

The question is now, "Is there any other work that this claimant can perform?"  This is where the hearing reaches "critical mass."  To obtain benefits, the answer must be "No."  If the vocational expert testifies that the claimant can perform other work, it will generally spell a denial of benefits.

Step 5 is where most hearings are won or lost.  The claimant--through his representative--must convince the judge that he cannot do any full-time work.  The judge is supposed to take into account the claimant's age, education, skill level and past experience, in addition to his physical and mental impairments.

A representative is going to anticipate the type of work the "expert" may testify about.  He or she will question the expert to cast doubt on the claimant's ability to actually perform such work.  Often we are called upon to demonstrate why our client can't be a security system watcher, an egg breaker, a bench assembly technician or a garage parking attendant.  Social Security still relies upon the Dictionary of Occupational Titles, a volume that is now more than 30 years out of date.  

By asking the right questions of the "vocational expert," an attorney or trained representative may save the day and allow the judge to make a decision favorable to the claimant.  In return, the representative will earn a fee equal to a small percentage of the claimant's past due benefits.

 

 

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