Is a Social Security disability hearing without a Vocational Expert a bad sign?
I was recently asked what it meant that the Administrative Law Judge did not have a Vocational Expert (VE) testify at an individual’s Social Security hearing.
What happens when the administrative law judge does not call the vocational expert to the hearing. Why would the judge do that?
Well, I can’t tell you “why” the judge didn’t have VE. Some judges use VEs all the time, others do not. A VE provides evidence (testimony) about steps 4 & 5 of the sequential evaluation process.
10 Steps to Prepare for your Social Security Hearing
My friend, Maine disability lawyer, Gordon Gates, has put together a free e-book, 10 Steps To Prepare For Your Social Security Disability Hearing.
In it, you’ll learn:
How Social Security reviews cases.
What you can do while waiting for your hearing.
How to expedite cases.
The information you will need to have at your hearing.
Check it out! Download a copy here.
Social Security hearing: should I bring notes?
It is natural to be nervous when preparing for your Social Security hearing. The judge may ask when you worked certain jobs, the procedures you have undergone, which doctors treated you for your impairments or your medications. There’s a lot of facts to keep track of. Wouldn’t it help to bring a notebook with this information?
Honestly, I don’t believe bringing a notebook to a hearing is helpful. Or, more specifically, I believe the negatives outweigh the positives.
Social Security disability hearings: erosion in the job base
The vocational expert at a Social Security hearing may testify that there is an, “erosion in the job base.” I have had a number of people ask me what this means?
As I wrote about before, the vocational expert’s job is to testify about the availability of different jobs in the national economy. The vocational expert responds to be Administrative Law Judge’s (ALJ’s) hypothetical questions about the effect of limitations on an individual’s ability to perform job duties.
In other words, the vocational expert testifies about what jobs (if any) a person can still do despite their limitations.
However, not every job is performed the same way, and, jobs can be performed differently (with different abilities and limitations) in different industries.
Questions the Judge may ask in epilepsy or seizure case
Disability cases based on seizure disorders are a very special kind of disability case.
If your case goes in front of an Administrative Law Judge, you can expect to be asked these questions:
How often do you have seizures?
What happens during a seizure?
How do you feel after a seizure?
What do you have to do after a seizure (lie down, sleep etc)? And for how long?
Are you treating with a doctor?
Are you taking your medications as prescribed? How long have you been taking your medications?
While seizure disorders (epilepsy, partial complex seizures, etc.) are often disabling, simply having a seizure disorder is not enough to be found disabled. In many cases, …
Don’t go to your Social Security disability hearing with out-of-date medical records!
It surprises my clients to learn that, most of the time, Social Security does not update medical records after the initial denial.
With wait times of a year or more, this can mean that by the time your case gets in front of a judge, the records in your file may be a year (or more) old, and your recent treatment may not be in the file at all.
This is not the way the system is supposed to work.
How to postpone a Social Security hearing?
Even though it often takes a year or even two years to get your Social Security hearing, you may find that you are not ready when the big day finally comes.
Is there any way to continue, postpone, or delay my Social Security hearing?
Yes. You can request a continuance to postpone your hearing.
Lets look at how to do this.
How long after my case is assigned to a Judge does it take to get a hearing?
If you are keeping in touch with the Office of Disability Adjudication and Review (ODAR) which is preparing your case for hearing, you may be told that your case has finally been assigned to an Administrative Law Judge (ALJ).
However, ODAR may not tell you is how much longer it will take to get a hearing date, now that your case has been assigned to a Judge. So, how long after your case is assigned to a judge will it take to get a hearing?
Making your Social Security claim stand out!
Gordon Gates writes about how he tries to make each case different and memorable when preparing to go to hearing.
I am always concerned that a particular claim will not get the attention it deserves at the hearing level, due to the tremendous workload at the Social Security hearing offices. Each administrative law judge decides several hundred claims every year.
…
I have an upcoming hearing with a client who has an unusual story. The medical evidence is very good, and the claim should be granted at hearing. Nevertheless, I am spending a great deal of time on the claimant’s story…, because it is so unusual. That story will be the hook that draws the judge into the case.
I agree completely!
In my office, I regularly meet with my clients and listen to their stories. Every once in a while I hear something that rings a bell. My eyebrows jump, and I make sure to write down that story in my notes.
Every individual applying for Social Security has had unique experiences related to their disability. It does not have to be anything big. I am not talking about a trip to the ICU.
Things to watch out for if your case is moved to a new hearing office
I previously wrote about how Social Security may move a case from one hearing office (Office of Disability Adjudication and Review – ODAR) to another to try to ease case congestion and speed up processing.
Usually, there is nothing to worry about when this happens. However, there is something you do need to watch out for. If you are not careful, you could delay the decision in your case, or even reduce your chances of winning.
Gordon Gates on “the 11 Percent ALJ”
Social Security attorney Gordon Gates wrote about a Social Security Administrative Law Judge (ALJ) who only approves 11 percent of cases.
In trying to find some insight in to how this ALJ could only approve 11% of cases when most other ALJs approve somewhere between 45-60% of cases, Gordon found the following post from the ALJ on a high profile public website:
Some doctors go overboard on diagnoses and treatment because they sense the “pot of gold” in having a fairly young patient on Medicare for many years to come with a reliable source of payment for constant treatment.
Lawyers and other non-attorney representative can receive fees as a percentage of the back benefits awarded to a claimant. Once a claimant has a legal representative, one can actually track how the alleged impairments become much worse, with new impairments and symptoms added as the case matures.
A judge with some experience can almost recite verbatim the same story we hear from virtually EVERY claimant, suggesting they have received training from the national organization of the claimants attorneys. The government is complicit in this boondoggle, because the Social Security Administration actually publishes lists of symptoms for various impairments in the form of rules for judges to follow. Is it any wonder we hear those lists of symptoms at almost every hearing?
The Judge’s quote is quite lengthy and covers a number of topics. I encourage you to read it in Gordon’s article: The 11 Percent ALJ.
While I can agree with the Judge on several points in the longer quote, I strongly disagree with what the Judge says above.
Let’s set ‘em up and knock ‘em down!
Long Social Security hearing delays? “Blame the judges!”
The long wait times in Social Security cases are prompting a backlash against Administrative Law Judges (ALJs) in Social Security cases.
Across the country, it takes an average of 480 days to get a judge’s ruling on a Social Security disability claim — but 650 days if your case is in Portland.
The problems in Portland reflect a broader national crisis, according to Social Security Administration records … Only about half the agency’s administrative law judges meet its minimum goal of clearing 500 cases a year.
….
In October 2007, Social Security Commissioner Michael J. Astrue met with a delegation of judges from around the country and … complained that many were not productive enough, according to the union that represents the judges. Astrue also accused them of not wanting to be subjected to any professional standards.
The commissioner has testified before Congress that the bulk of administrative law judges are hardworking. But he has griped about underachievers, and the agency set performance goals that ask judges to clear 500 to 700 cases a year..
Grab the pitch forks! Light the torches! It’s the judges’ fault!
Of course, things are not that simple.
Social Security Judge’s approval or denial numbers published by Oregonian
Would you like to know what percentage of cases the Administrative Law Judge (ALJ) assigned to your Social Security disability, or Supplemental Security Income (SSI) case, approves and denies?
In response to a Freedom of Information Act request by The Oregonian, the Social Security Administration released the production numbers and approval rates for all of its administrative law judges. The agency released complete reports for 2005, 2006 and 2007. The table for 2008 covers most — but not all — of the year.
Click below and enter the Judge’s name to see the statistics for that judge.
If you were in jail or prison and are applying for Social Security disability benefits, get your entry & release dates!
We have previously discussed that an individual is not eligible to receive Social Security disability benefits while incarcerated. This issue frequently comes up when an individual already on Social Security is incarcerated.
However, it is important to remember that the prohibition on receiving Social Security benefits may also impact your application for Social Security benefits, if you were in jail or prison during the time you are alleging entitlement to Social Security disability benefits.
For example:
Let’s say you applied two years ago and that you are waiting for a hearing.
But, one year ago (during the period of alleged disability), you were in jail for a month.
Social Security will not pay you benefits during that periods of incarceration.
Here is the problem that comes up:
If I have a lawyer, why am I doing all the talking?
The one thing people are most surprised about when they go to a hearing is that the lawyer does not do all of the talking. In fact, it is the claimant (aka “you”) who has to answer the Judge’s questions. I hear a lot of questions and comments about this.
I went to my hearing and my lawyer sat there like a bump on a log.
Why am I paying a lawyer, if I have to answer all of the questions?
What do you mean, I have to talk at the hearing; isn’t that what the lawyer is there for?
Why doesn’t a lawyer speak for you at the hearing?
