- DISABILITY CLAIM FAQ
During the hearing, I had the claimant testify about the extent of the treating relationship that he had with his neurologist, orthopedists, and chiropractor. Each concluded that the claimant lacked the ability to perform sedentary work. The ALJ had Gerald Greenberg testify at the second hearing as a medical expert (“ME”), and he concluded the claimant could do sedentary and probably light work. On cross exam, I had the ME admit that the treating doctors were in a better position than he was to evaluate how the claimant’s symptoms affected his ability to work by virtue of their having examined the claimant. At the close of the hearing I pointed out to the ALJ that even if the claimant had a sedentary work ability that he would still have to be found disabled under the medical-vocational rules.
ALJ Weiss accepted the opinions of the treating physicians over the ME because the ME “did not have a treating relationship with the claimant, nor did he have the benefit of examination.” The ALJ also noted that the claimant would have to be found disabled even if he could do sedentary work as the ME had concluded.
The hearing went smoothly because I had assumed that the ME would testify the claimant could do light work, and I had prepared a cross exam to undermine the ME’s conclusions. The ALJ had indicated that he would probably issue a decision again finding that the claimant could do light work, but it appears the cross exam of the ME precluded that.
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link.
Copyright © 2020, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou