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WHAT YOU DON'T KNOW CAN HURT YOU AT A DISABILITY HEARING

It's a fact that most Social Security Disability claims must go before an Administrative Law Judge (ALJ) for a hearing to be approved and paid.  This is not the exception; its the rule.

If you are considering representing yourself before the ALJ, you need to consider the many technical and legal dangers of doing so.  Most claimants don't know what they will be up against at a disability hearing.

1.  Defending your Alleged Onset Date (AOD).  This is the date you claim your disability began.  It's also the "pay back to date" on your claim.  The onset date will determine how much, if any, back pay you can receive.  This date is often questioned or disputed.  You must know how to defend it.

2.  You must understand your Date Last Insured (DLI) and how it will impact your claim.

3.  You need to understand what "acceptable medical sources" are and the difference between objective medical evidence and subjective evidence.

4.  You must understand the "grid rules," which will decide around 80 percent of disability claims.  These are complicated for the lay person.

5.  You should understand the Blue Book Listings found in 20 CFR, Appendix I, § 404, Subpart P. At Step 3 of the sequential determination process, it will be determined whether you meet or equal a Listing.

6.  You are going to hear terms from the vocational witness (VW) that are unfamiliar to you:

    SVP - Specific Vocational Preparation

    PRW - Past Relevant Work

    Exertion Levels

    Per the DOT* and "as actually performed"

    * The Dictionary of Occupational Titles (DOT) was last updated in the 1980s and contains thousands of outdated job titles that the vocational witness may use in prescribing work you are "still able to perform."

Often, the vocational witness will present evidence of jobs that you can still perform and these can result in a denial if not responded to effectively.  The claimant is probably not trained to cross-examine the vocational witness.  This is a vital role for your representative!

7.  Whether any drug or alcohol abuse is material to the claim.  If you know the rules, not all substance abuse can be used to deny a disability claim.  Some abuse is "material" to the claim, some is not material.

8.  You should know Social Security's definitions of such terms as:  substantial gainful activity (SGA), Past Relevant Work (PRW), regular and continual, and what they mean by frequently, occasionally, and rarely.  

9.  You must know how to frame medical evidence into "Residual Functional Capacity" or RFC.  This will be used to determine what type of work you are still able to do.  This also will be used to determine whether your meet the rules for disability or not.

10.  You should be able to address any questions or concerns the judge may have effectively.  Remember, if you represent yourself there is nobody to turn to for help or advice.  

A question I often ask:  "Would you represent someone else in their disability appeal?"  Most people will answer, "No, of course not."  Then, why on earth would you represent yourself?

_____________

Charles W. Forsythe is a founding partner of The Forsythe Firm in Huntsville, AL.  He has represented thousands of claimants in Social Security claims, appeals and hearings and recovered millions of dollars in
benefits for claimants.  He is available for a free consultation.

PHONE (256) 799-0297   

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