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    We Represent People With:

  • Physical Disabilities and Impairments, Psychiatric and Mental Disorders, Bipolar, PTSD, Deafness, Blindness, HIV/Aids, Cancer, Epilepsy, Schizophrenia, Depression, Mental Retardation, Cerebral palsy, Multiple Sclerosis, Diabetes, Carpal Tunnel Syndrome, Herniated Disk, Fibromyalgia, Lupus, Arthritis, Stroke, Seizures, Hepatitis, Heart and Lung disease, Meniere's Disease, Crohn's Disease, Colitis, L.B.S., Myasthenia Gravis, Severe Headaches and Sleep Disorders, Amputation, Vocational Disabilities, MRSA who have wrongfully been denied their benefits.
Home :: FAQ :: After Social Security Disability Hearing

What if the Vocational Expert (Evaluator) at my hearing was never asked by the ALJ about the limitations put on my by my own doctor or that came from other doctors who either evaluated me for the SSA or reviewed my file?

The hypothetical questions framed by the ALJ must reflect the record as a whole.  A judge cannot “cherry-pick” from the record, so if that is what you believe that the judge did you may assert that “the questions framed by the ALJ did not reflect the specific capacity/limitations established by the record as a whole.” or
 
“The ALJ erred in failing to develop the record by not contacting the treating physician to request additional evidence and/or clarification regarding Claimant=s impairments or residual functional capacity, as requested by 20 C.F.R. '404.1512(e). or 

“The ALJ failed to develop the record, in that “(Insert the basis you feel is appropriate.): ______________________, or 

 “The ALJ failed to properly evaluate the evidence and adequately explain the conflicts in the evidence and why greater weight was given to one source as opposed to others which would have adequately supported an award.