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The Disability Judge Denied Your Claim – What Can You do Next?

If the Social Security disability judge denies your case and sends you a decision marked “unfavorable” you will feel angry, offended and frustrated. After all, disability cases can take two to three years from the date of your application to the date you receive the denial.

During that time, you have been unable to work, most likely struggling financially and basically putting your life on hold waiting for a decision in your case.

Now, after talking to you for around 45 minutes (the length of a typical hearing), the judge has decided that he/she just doesn’t believe your testimony about the severity of your symptoms, or how these symptoms would likely impact you at a simple job.

Even worse, under recent Social Security rules, the judge is allowed to discount the opinion evidence from your long time treating doctor(s) in favor of a medical-vocational assessment by a SSA staff doctor who never even met you, or a doctor who met you for an hour as part of a consultative evaluation.

If you should get an unfavorable decision, what should you do? Continue reading →

Will I Win if the Judge Does Not Use a Vocational Witness or Medical Expert?

what are your chances of winning a case at a hearing when there is no voc rehab guy or medical specialist to assist the alj in a decision.
–Lamont

My response: Lamont, I think that yes you can win if the judge does not use a VE or an ME.   Here is how I would analyze:

First, what is the custom in your hearing office?  In Atlanta, where I practice, all but one or two judges regularly use vocational expert witnesses.  There are a couple of judges who almost never use them.   If a judge who always uses a VE hears a case without VE testimony, it most likely means that the issue is fairly clear cut one way or the other.

In the Atlanta hearing offices, judges rarely use medical experts – in my practice I would estimate that ME’s appear about 15% of the time.  The absence of an ME would be of less concern to me here in Atlanta. Continue reading →

Rheumatoid Arthritis Claimant Gets Denied – What Can She Do Next

I just got unfavorable decision for my SSI Disability and I can hardly walk or use my hands. I have RA and my doctor said I was permanently disabled. So why am I being denied?
– LaTrica

My response: LaTrica, firstly you should understand that there is an appeal you can filed to challenge the unfavorable decision.  In most jurisdictions, the appeal would be to the Appeals Council in Falls Church, Virginia.   In some limited jurisdictions the appeal would be directly to federal district court. Continue reading →

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