Social Security Disability hearings are not adversarial proceedings. They are administrative, judicial, rather than in kind. As such, they are not required to "court", but in a less formal office-like profile. Hearings are also in some places in hotels or banks. The Administrative Law Judge (ALJ) held the hearing. He took with him an assistant or a record procedure. The court may also call a medical expert (ME) and / or an experienced professional(VE).
You are in the meeting room and are led by an assistant to a table. Your lawyer and someone who can bring this to the audience, even if all the witnesses also often asked to wait outside the hearing room until the time comes for them to testify. The judge performs several preliminary questions. He tells you that you are there, because the hearing that he could do nothing with the decisions in your case requiredthe past and is not binding, and reviewed the case again. He swears to you and the witnesses
Typically, the court begins with questions about your daily activities. The reason for this is discussed here in more detail later. But for the most part, put all questions to you are designed to determine whether what you can do at home or on a daily basis to be implemented in the workplace. So the question "Do you have a vacuum" translated "to press forand again and again. "
"I wash" can be translated "They can lift a laundry basket full of clothes from the floor." "I shop" can be translated as, "Can you go into a store and choose things off the shelves and put them in a car." All these activities say something about what skills to maintain, despite medical restrictions. Even a response like "I sit and watch TV all day," translated means that at least you can sit in a chair all day could be, perhapsYou can sit at a computer or a conveyor belt.
During the hearing, the questions are the answers to five specific questions, how to get the famous "Sequential evaluation process."
The five stages of the sequential evaluation
The Social Security Administration (SSA) uses a sequential five-step process in determining whether a person is disabled. This process is used in the first application and the hearingLevel. A person can only win their case with 3 or 5-step process.
Five questions are asked, in order. If at any time during the analysis found that the applicant is not disabled, it stops the evaluation - not to move to the next question.
1. Are you working? "Work" is defined as "substantial gainful activity." If the answer to this question is yes, stop the evaluation. Are not disabled. Do not go to two questions. In the case of negative response to questions 1,move on.
2. Do you have a severe impairment that is expected to at least 12 months or result in death last year? If the answer is no, stop, and you lose. If the answer is yes, the assessment.
3. Necessary to bring the deterioration or the combination of disabilities or equal to the bids, SSA claims? This is the first opportunity to win and not before. SSA maintains a list of 14 physical systems, together with the medico-legal documentation that proves adequate for their disabilityPurpose. The standard is high, but if there is sufficient medical evidence, stop the evaluation process and you win. Otherwise, move to question 4
In practice, before the matter Question 4 SSA determines a candidate, the functional residual capacity (RFC). This can be seen as what you're still able, despite your limitations and restrictions are defined. This is in large part to hear from your response to certain questions to you by the court, and determined by SSAduring the application process. SSA will ask for certain forms of description of your activities of daily life complete. They wonder how you spend your day if you are able to take care of themselves, cooking, cleaning, driving, running etc.
Also read the information from the report from your doctor and reports from the consultative examiner (CE), or read the record, do a cursory examination of yourself in their presence, or both. Typically, the ratio of ECthink that you will be able to lift 10 pounds are available. frequently and 20 pounds. sometimes they are able to stand, sit and walk for about 6 hours in 8, and are not restricted by pushing and pulling, without limits and without postural environmental limits. Therefore, it is important that your doctor to fill out questionnaires RFC offer you and your doctors. SSA is required to give more weight to the advice of a doctor only for the purpose of providing a written report.
4.Given your RFC, you can go to your past relevant work (PRW) back? At this point, a vocational expert (VE) and is frequently asked to make a statement. With a book entitled The Dictionary of Occupational Titles (DOT), the VE a description of your work so far investigated, together with the load and the skills required to run it. In terms of hearing, the VE an affidavit, Expert. The ALJ asked the expert for his opinion as to whether or not in a position to have a return ofthe work that they have taken over the past 15 years. If the answer is yes to question 4 will stop, and you lose. If the answer is no, you will go to question 5.
5. This is the second way to win the case. Given your age, education and work experience, is there any other work that exists in large numbers for the economy that can be done? show at this point to go ahead with the tests, the burden shifts to SSA, or those of other work. The new ALJturns to the VE, to make a report. The point is a comprehensive list of 50,000 professionals, each of tens of thousands of existing jobs in the economy.
The ALJ is the VE a hypothetical question, why and describe their limitations. The reason is hypothetical, and not specifically about you, it is because the issue is not whether you get all these jobs, but if a person like you could do this work. The difference is thatYou can live in a rural area where such jobs are not available, or you never really be so hard with a back problem, such as rent, or that you have never applied for that site. None of these things are considered relevant. This is a dis-play ability. The only relevant question is whether this hypothetical person who can do the job.
The judge then asked whether the person can pack this hypothetical jobs in the DOT to do lists. Almost always,'ve Got some work may occur in spite of your disability, such as yarn spooler, tea leaf readers, wafer sorters nut or circuit breaker. His lawyer then the opportunity to question the expert, adding that all the restrictions that the state court was left out of the hypothetical, gradually more and more experts close to the base for the work available, the disabled, all agree who you are. So if the answer to question 5 is "no" Congratulations, you won yourCase.
Of course, in most cases, the court is not making a decision, as you sit there, but sends you a written notice of the decision. Often, however, seasoned lawyer social security can provide valuable information on how the hearing went and, on the basis of an analysis of the above criteria, your chances excellent.
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