SOCIAL SECURITY HEARINGS: CRITICAL THINGS YOU MUST KNOW

When Social Security denies a disability claim you must request a hearing before a US administrative law judge (ALJ).  Here are a few critical things you must know about the hearing process if you are to win your disability benefits.

The ALJ will deal only in facts.  If it is not in your medical record, it did not happen.

The ALJ will need specifics.  Generalities will not suffice.  Avoid terms like "not very often, not very much, every now and then, or a whole lot.  You will need to provide answers in terms of minutes, hours, yards, feet, pounds, etc.

Winning requires a limited residual functional capacity.  A residual functional capacity (RFC) is the most you are able to do in terms of work-like activities, such as sitting, standing, walking, lifting, bending, concentrating, staying on task, etc.  The RFC must come from the medical records.  You need to provide evidence that will help the judge develop a properly limited RFC, else you may lose your case.  (This is so important that I plan to write a separate post just on the RFC itself).

The burden of proof is on you until you reach Step 5.  In parts 1-4 of the sequential evaluation process, Social Security does not have to prove anything.  They assume you are NOT disabled unless you can prove otherwise. They do not have to prove that you are not working now.  They do not have to prove that you do not have a severe impairment.  They do not have to prove that you don't meet a Listing.  They don't have to prove that you can perform some of your past relevant work.  The burden of proof with all these facts rests with you, the claimant.

The Burden of proof shifts at Step 5.  At the last part of the hearing, "Step 5," the burden of proof shifts, at least partially, from the claimant to Social Security.  In this final consideration, Social Security must prove that there exist a significant number of jobs in the US economy that you could perform, considering your age, education, residual functional capacity and previous relevant work experience.  They will attempt to prove this using testimony from a vocational expert.  Unless you can challenge the vocational expert there is a high probability that you will lose your hearing and your benefits.

For free information and consultation about an upcoming Social Security disability hearing, please contact the Forsythe Firm at (256) 799-0297.  www.Get-SS.com