| Social Security Disability Hearings are meant to be | | | | to do in spite of your limitations and restrictions. This is |
| non-adversarial proceedings. They are administrative, | | | | determined in large part by how you answer certain |
| rather than judicial in nature. As such they are not held | | | | questions posed to you by the judge at hearing, and |
| in "court," but in less formal office-like settings. Hearings | | | | by SSA throughout the course of the application |
| in some locations are even held in hotels, or banks. The | | | | process. SSA asks you to complete certain forms |
| Administrative Law Judge (ALJ) presides over the | | | | describing your activities of daily living. They ask you |
| hearing. He has an assistant or clerk with him who | | | | how you spend your day, whether you are able to |
| records the proceedings. The Judge may also call a | | | | care for yourself, cook, clean, drive, walk etc. They |
| medical expert (ME) and/or a vocational expert (VE). | | | | also glean this information from reports of your treating |
| You are directed into the hearing room by the | | | | physicians, and from reports of consultative examiners |
| assistant and are seated around a table. Your | | | | (CE) who either read your records, perform a cursory |
| attorney and anyone you bring with you may also be | | | | examination of you in their presence, or both. Typically, |
| present during the hearing, although any witnesses you | | | | the report of a CE will opine that you are able to lift 10 |
| bring are often asked to wait outside of the hearing | | | | lbs. frequently and 20 lbs. occasionally, are able to |
| room until the time comes for them to testify. | | | | stand, sit and walk for about 6 hours in 8, and have no |
| The Judge goes through some preliminary matters. He | | | | limitations pushing and pulling, no postural limitations, and |
| tells you that you are present because you requested | | | | no environmental limitations. This is why it is important |
| the hearing, that he has nothing to do with the | | | | to have your physician complete the RFC |
| decisions in your case in the past and is not bound by | | | | questionnaires we provide to you and your doctors. |
| them, and is reviewing the case anew. He then | | | | SSA is required to give more weight to a treating |
| swears you and the witnesses in. | | | | physician than to one seen only for the purposes of |
| Typically, the judge begins by asking you questions | | | | rendering a written report. |
| about your activities of daily living. The reason for this | | | | 4. Considering your RFC, are you able to return to |
| will be addressed in more detail here later. But for the | | | | your past relevant work (PRW)? At this point a |
| most part, all of the questions posed to you are | | | | vocational expert (VE) is often asked to render an |
| designed to determine whether what you do at home | | | | opinion. Using a voluminous book called The Dictionary |
| or on a daily basis can be translated into work. Thus, | | | | of Occupational Titles (DOT), the VE locates a |
| the question "do you vacuum" can be translated "can | | | | description of your past work, along with the exertional |
| you push and pull repeatedly." "Do you do laundry" can | | | | and skill levels required to perform it. At the hearing |
| be translated "can you lift a laundry basket full of | | | | level, the VE is a sworn, expert witness. The ALJ asks |
| clothes off the ground." "Do you shop" can be | | | | the expert for his opinion as to whether or not you are |
| translated "are you able to walk around a store and | | | | able to return to any of the jobs you've held in the last |
| pick things off the shelves and put them in a cart." All | | | | 15 years. If the answer to question 4 is yes, they stop |
| of these activities say something about what abilities | | | | and you lose. If the answer is no, they go on to |
| you retain in spite of your medical restrictions. Even an | | | | question 5. |
| answer such as "I sit and watch TV all day" might be | | | | 5. This is the second opportunity to win your case. |
| translated to mean that at least you can sit in a chair | | | | Considering your age, education, and work experience, |
| all day, so maybe you can sit in front of a computer, or | | | | is there any other job that exists in significant numbers |
| a conveyor belt. | | | | in the national economy that you are able to do? At |
| Throughout the course of the hearing, the questions | | | | this point, the burden of going forward with the |
| are formulated to obtain the answers to five specific | | | | evidence shifts to SSA to prove that such other jobs |
| questions, known as the "Sequential Evaluation | | | | exist. The ALJ again turns to the VE to render an |
| Process." | | | | expert opinion. The DOT is an exhaustive listing of |
| The Five Step Sequential Evaluation Process | | | | 50,000 occupations, each representing tens of |
| The Social Security Administration (SSA) uses a | | | | thousands of jobs that exist in the national economy. |
| five-step sequential evaluation process to determine | | | | The ALJ poses a hypothetical question to the VE, |
| whether a person is disabled. This process is used at | | | | basically describing you and your limitations. The |
| initial application, at reconsideration, and at the hearing | | | | reason it is hypothetical, rather than specifically about |
| level. A person can win their case only at steps 3 or 5 | | | | you, is because the question is not whether you can |
| of the process. | | | | get any of these jobs, but whether a person like you |
| Five questions are asked, in order. If at any time during | | | | could perform these jobs. The difference is that you |
| the analysis it is determined that a Claimant is not | | | | may live in a rural area where such jobs do not exist, |
| disabled, the evaluation stops – they do not | | | | or that you would never actually be hired with a back |
| advance to the next question. | | | | problem as severe as yours, or that you would never |
| 1. Are you working? "Work" is defined as "substantial | | | | actually apply for such a job. None of these things are |
| gainful activity." If the answer to this question is yes, the | | | | considered relevant. This is a dis-ability hearing. The |
| evaluation stops. You are not disabled. They do not go | | | | only relevant question is whether this hypothetical |
| on to question two. | | | | individual is able to perform the work. The judge then |
| If the answer to question 1 is no, they move on. | | | | asks the VE whether this hypothetical individual can do |
| 2. Do you have a severe impairment, expected to last | | | | any of the jobs listed in the DOT. Almost invariably, the |
| at least 12 months or result in death? If the answer is | | | | VE finds certain jobs that you can still do in spite of |
| no, they stop and you lose. If the answer is yes, the | | | | your impairments, such as thread spooler, tea leaf |
| evaluation continues. | | | | reader, nut bolt sorter, or wafer breaker. Your attorney |
| 3. Does your impairment or combination of impairments | | | | then has the opportunity to cross-examine the expert, |
| meet or equal the listings that SSA maintains? This | | | | adding in any restrictions that the judge has left out of |
| represents your first and earliest chance to win. SSA | | | | the hypothetical situation, to gradually get the expert to |
| maintains a list of 14 bodily systems along with the | | | | diminish the available job base until all are in agreement |
| medical-legal evidence required to adequately prove | | | | that you are disabled. So if the answer to question 5 is |
| disability for their purposes. The standard is high, but if | | | | "no," congratulations, you win your case. |
| sufficient medical evidence exists, they stop the | | | | Of course, in most cases, the judge will not render a |
| evaluation process and you win. If not, they move on | | | | decision as you sit there, but will send you a written |
| to question 4. | | | | notice of decision. Often, though, a seasoned Social |
| As a practical matter, prior to asking question 4, SSA | | | | Security attorney can offer invaluable insights as to |
| determines a Claimant's Residual Functional Capacity | | | | how the hearing went, and, based upon analysis of the |
| (RFC). This may be defined as what you are still able | | | | above criteria, your likelihood of being awarded. |