HOW TO HAVE A SUCCESSFUL HEARING

In Alabama a hearing is the second step in the Social Security disability process.  If your claim is denied you can take your case before a US Administrative Law Judge.  You will meet with this judge (and others) and present the reasons why you feel your case should be approved.  The ALJ can make a favorable decision for you.  Here are some things that can help your hearing be a success.

First, know your burden of proof.  Know what facts you must prove to win your case.  Review all documents in your file.  Make some notes.

Submit any new medical evidence.  This should be submitted at least 7 days prior to the hearing.  (Do not duplicate records that are already in your file).

Take a witness to the hearing, someone who knows you well and can give personal, first hand information about your physical and/or mental limitations.

Watch out for the vocational expert (VE).  This individual will testify about what kind of jobs you may still be able to perform.  You or your representative (attorney) can ask this VE about the jobs that he/she says are available for you.  This is called a cross examination.  It is probably the most critical part of the hearing.

For example, the VE may testify that you can still do the work of a food and beverage order clerk.  It is simple, unskilled work and may be performed mostly while sitting down.  If the judge agrees that you can do this type of work on a full-time basis, you will probably be denied.  It is up to you or your representative to show that the VE is wrong, that you cannot do this job or any job like it.  Usually, this is done by showing that you have more limitations than the VE is counting.

For instance, you may ask:  "Could a person whose memory is very poor perform this job?"  If the VE says no, and your records support a very bad memory, you have gained a chance to win your case.  You might also ask, "Could an individual with severe migraine headaches which cause her to be absent from work 3 or more days per month hold this job on a full-time basis?"  The VE will probably say no.  If the medical evidence supports the fact that you would probably miss 3 or more days of work each month, you have won your case, probably.
The trick is, you have to know which questions to ask.  You have to match the limitations or symptoms you allege to those that are documented in the medical record.  You also have to know which limitations are severe enough to prevent sedentary work.

(256) 799-0297 for more information