Sometimes it undeniably makes a difference having an attorney represent you in connection with your Social Security Disability (“SSD”) benefits. The Social Security Administration’s own statistics show that the percentage of claims approved is greater when a claimant is represented by an attorney. I represent a 55 year old from Speonk who worked in computer networking with physical and mental impairments, which shows why an attorney is sometimes is a must.
After a very heated hearing with a medical and a vocational expert (“VE”), the administrative law judge (“ALJ”) indicated that he would deny the case based on the VE’s testimony. I asked the ALJ if he was relying on the VE’s testimony before or after I pointed out that he originally identified the wrong occupation as the claimant’s past work. The VE admitted that the claimant’s past work was at least a composite occupation comprised of the light one he identified and the physically demanding medium one that I suggested.
The ALJ then said that it made no difference because the VE identified unskilled occupations that the claimant could perform. I pointed out that the medical-vocational rules would require a finding of disabled. I explained that there was no difference between being limited to unskilled work, and lacking any transferable skills. The ALJ said that if he accepted that argument, then he would approve the claim, but if he did not, then he would require additional information from the treating sources and a supplemental hearing to cross examine the VE.
The ALJ approved the case yesterday. If I had not accessed vocational databases during the hearing to show the discrepancy in the VE’s testimony, and if I had not pointed out how there was no actual difference between being limited to unskilled work, and lacking any transferable skills, then the ALJ would have denied the case.
Having an experienced, Social Security Disability attorney is vital when applying for SSD benefits. Please feel free to call my office for a free phone consultation. My offices are conveniently located in both Nassau and Suffolk counties on Long Island.Previous Next
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