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Social Security Disability Hearings - Persuading an Administrative Law Judge

  Social Security disability hearings, like any other courtroom litigation, involves the art of persuasion.  I always tell my clients prior to their hearings “if we do not have a clear idea what we are trying to prove, we are not going to be able to convince the judge.”

  Social Security hearings are unlike other court proceedings in that there is no lawyer on the other side.  When you and your lawyer come to court, you can expect to see the judge, a hearing assistant who operates an audio recording device, an expert witness (a vocational expert witness and/or a medical expert witness).

  The judge in a disability hearing usually takes an active role in questioning you about your disability.  Some judges will challenge you, while others let your attorney do most of the talking.  In every case, however, you and your attorney have to convince the judge that you meet Social Security’s definition of disability.

The Main Issue in Every Social
Security Disability Case

  Every Social Security disability case boils down to one question - does your medical condition prevent you from performing even a simple, unskilled job?  If you remember only one thing about preparing for your hearing remember this - disability cases are not about your medical problems, instead the hearing is about how those medical problems impact your capacity to perform work.

  There are different “arguments” that I use to demonstrate that my client would not be able to perform competitive work. The first question I ask is “does my client meet a listing?”  The listing argument usually applies in the cases of seriously ill individuals who have at least one very significant medical problem and plenty of medical support.  Click on the link to learn how listing level arguments work.

  In my experience most cases do not meet a listing because Social Security intentionally sets the requirements very high for listing level impairments.  By far the majority of cases are decided based on limitations associated with the claimant’s functional capacity for work.  Click on the link to learn how functional capacity arguments work.

  Every question that the judge asks or that your attorney asks will relate to this “work capacity” issue.  If you focus on mental and physical activity limitations, you stand a much better chance at winning.

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