Disability claims involve both medical and vocational issues. However, while disability claimants frequently pay for medical reports, they rarely consider investing in a vocational report. I represent a former construction manger with neck and back problems who was approved for Social Security Disability (“SSD”) benefits today because after an Administrative Law Judge (“ALJ”) reviewed the claimant’s vocational report.
The ALJ had scheduled a hearing with a Vocational Expert (“VE”) from the Social Security Administration (“SSA”). I submitted a letter to the ALJ objecting to the SSA VE because the claimant had submitted a report from his own VE, who also happens to serve as a VE for the SSA. My letter explained why none of the reasons set forth in the HALLEX for scheduling a VE to testify applied. The Hearings, Appeals and Litigation Law Manual (“HALLEX”) is a compilation of rules from the Social Security Administration’s Office of Disability Adjudication and Review (“ODAR”). Moreover, the claimant’s VE was available to answer any questions that the ALJ might have.
When the ALJ originally scheduled the hearing, he did not read the VE report. That is because, as frequently happens, that evidence had been excluded from the file. After I resubmitted the VE report, together with the receipt showing that the SSA had received it, the ALJ approved the SSD application without a hearing. As a result, the claimant will be awarded in excess of $100,000. Money well spent for the VE report.Previous Next
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. Past performance doesn’t guarantee future results.
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou