Social Security hearing tip: know your judge
I enjoyed attorney Gordon Gates‘ article about knowing who your judge is in your Social Security case:
The first thing I want to know when I receive a hearing notice for a Social Security disability claim is the name of the administrative law judge (ALJ) who will hear the case and decide the claim. It probably shouldn’t matter which judge hears your case, since they all interpret the same rules and would be looking at the same facts. But it really does matter. Each judge approaches a claim a little bit differently, and it is very helpful to know how a particular judge tends to look at a case. Also, each judge conducts the hearing in a particular way, so I prepare for the hearing in a way tailored to the ALJ who will hear the case.
I could not agree more! When someone contacts me with a hearing already set, I ask who the judge is on their case.
Here are some examples of how judges differ:
The one element missing in most Social Security cases: a medical opinion of limitations
To be found disabled, generally you have to show that you are unable to perform some type of full-time work. This is a simplification of the Social Security disability standard, but it is sufficient for this article.
The most common problem in Social Security disability claims is a lack of a statement of limitations from a doctor.
These statements go by different names:
Medical Source Statement (this is the term Social Security uses).
Medical Opinion.
Statement of Limitations.
Statement of Permanent Restrictions.
Whatever it is called, it tells Social Security what you can and cannot do. Social Security uses this to decide whether you are disabled.
Isn’t there a statement of limitations already in my medical records?
Probably not.
Most medical records contain a description of your symptoms, the objective findings, the doctors assessment, and the treatment plan. Most medical records do not have any statement of your limitations.
Useful Site: Social Security’s Hearing Process
Social Security has a great website that describes the hearing process including how to file an appeal, what happens at a hearing, and how to file a complaint if you feel you have been mistreated by an Administrative Law Judge.
Denied at the Social Security hearing? Request the hearing tapes!
DisabilityAppeal.com has a interesting article on the importance of requesting the hearing tape if you are denied at hearing.
In many instances, once the tapes are obtained and listened to, parts of the record will be inaudible. And in a lot of cases can’t produce the tapes at all because they have been purportedly lost (usually when an ALJ said something during the disability benefits hearing that may reflect poorly upon him). An incomplete or missing record, when noted in a legal brief sent to the Appeals Council … results in an almost automatic sending of the …
Social Security hearing tip: Watch out for these questions!
The Social Security Disability Blog got me thinking about some of the questions I have heard Judges ask at hearings.
It is fairly common to be asked the following questions during a Social Security hearing:
How long can you sit?
How long can you stand?
How far can you walk?
How much can you carry?
Be careful, your answers might get you into hot water.
People want to answer by telling the Judge the most they can do:
Well, I can walk for about half a mile.
The problem is that the Judge is trying to determine your “residual functional capacity” (RFC): what you can still …
