Call Today: 1-800-890-2262

Ginsberg Law Offices

Are Social Security Judges Denying Disability Claims by Relying on Bogus Data?

why disability judges deny claimsRecently a television station in Charlotte, North Carolina ran a story about the Social Security disability decision making process called “Obsolete Jobs” Prevent People from Receiving Disability Payments (click on link to view story).  The story recounted the struggles of a Charlotte man who with a severe and painful back injury who was denied at his disability hearing by a judge who concluded that he has the capacity to perform a variety of non physically demanding jobs that exist in the economy.

Since the underlying question in every disability hearing asks whether the claimant has the capacity to perform even a simple, entry-level job, judges rely on vocational expert witnesses to identify jobs that a “hypothetical person” with the same impairments as the claimant could perform. Continue reading →

Why Do Social Security Judges Call Vocational Expert Witnesses to Testify at Social Security Hearings?

vocational expertIn most Social Security disability hearings, judges call on expert witnesses called “vocational experts” to help them evaluate your capacity for working.  As a general rule,  Social Security defines “disability” in terms of a claimant’s ability to perform the tasks of a simple, entry level job, therefore it makes sense that the judge will need to identify the specific activity limitations that arise from your medical and/or psychological problems and he will need a way to determine if these limitations impact your capacity for work.

Judges make this evaluation by posing “hypothetical questions” to the vocational expert witness.  A typical question may sound something like this:

Mr. Vocational Expert, I want you to assume the following about a hypothetical person who is the same age as our claimant, with the same educational background and the same work history.  This person is limited to light work with the following limitations:

  • he can sit for 45 minutes at a time, then needs to stand and stretch for up to 10 minutes
  • he can sit for a total of 2 hours during a day
  • he can stand for 6 out of 8 hours during a day but should have the ability to change position at will Continue reading →
Top