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Home :: FAQ :: Issues - Social Security Disability Hearing

Issues At Your Social Security Disability Hearing

  1. What sort of determination is that of disability?

  2. What issues will the court consider in a Social Security Disability case?

  3. What kinds of questions will be asked at my hearing by the Judge or my attorney?

  4. Will I have to give personal information?

  5. Will I have to testify about my education?

  6. Will I be asked about my work experience?

  7. Are there any other questions an ALJ may ask me about my employment?

  8. What is a "VE" or Vocational Expert who may appear and testify at my hearing?

  9. What is the role of the vocational expert at my social security disability hearing?

  10. Will the ALJ ask me about my medical problems?

  11. What will the ALJ ask about my doctors?

  12. Will the ALJ consider or ask me about possible environmental factors in my case?

  13. If I am a smoker will be asked about my smoking?

  14. What if I suffer from Irritable Bowel Syndrome, IBS, Nephritis, urinary tract problems or anxiety, Chrons’ Disease, bladder or bowel cancer or some similar affliction, what will the ALJ ask me?

  15. What about my ADLS or "Activities of Daily Life", will I be asked about them?

  16. If I am Obese, will I be asked about that?

  17. What if I suffer from Pain or Depression what questions could an ALJ ask me that would be relevant to my case?

  18. If I had a problem with alcohol or drug abuse in my past, will I be questioned about it?

  19. Will the ALJ ask me about my Daily Activities?

  20. Will the ALJ ask me about my light household chores?

  21. What questions may an ALJ ask about my driving?

  22. Will the ALJ ask about my social functioning?

  23. What about my former hobbies and recreational activities, will the ALJ ask me about that?

  24. Will the ALJ ask me about any other claims I have pending or ones that were resolved?

  25. What is a DLI?

  26. What should the judge’s conclusion be at the end of a SSD/SSI case?

  27. What law will apply in a Social Security Disability case?

  28. What happens at step 1 of the sequential evaluation process?

  29. What happens at step 2 in the sequential evaluation process?

  30. What happens at step 3 in the sequential evaluation process?

  31. Must an ALJ consider anything before continuing onto step 4 in the sequential evaluation process?

  32. What is Residual Functional Capacity?

  33. What happens at step 4 of the sequential evaluation process?

  34. What is Past Relevant Work?

  35. What happens at step 5 of the sequential evaluation process?

  36. Why the National economy?

  37. What generally does the court consider in evaluating a case?

  38. What about earnings subsequent to the filing of a disability claim?

  39. What is an "Extended Period of Earnings"?

  40. Will the judge consider a claimant’s mental or psychiatric condition in determining if I am disabled or not?

  41. Will the judge consider whether a claimant meets a Medical listing?

  42. Besides a Medical Listing, is there some other way for a claimant to get disability benefits?

  43. If the judge does not find that a claimant meets a Medical, Vocational or Social Security Rule listing, can a claimant still be found disabled?

  44. What about a claimant’s work background, what will the judge consider?

  45. What about a claimant’s medical care and treatment, does the judge have to consider that?

  46. Does it matter that I cannot afford medical treatment because I am poor?

  47. Does the judge have to take into consideration a claimant’s residual functional capacity, physical, postural and exertional limitations at the hearing?

  48. Does stress matter in a claimant’s disability case?

  49. What about what a claimant can or cannot do in a competitive work situation?

  50. Will the judge consider a claimant’s reasonably imposed lifting restrictions and why?

  51. What if a claimant has good days and bad days, does that come into play in a Social Security disability case?

  52. What about non-exertional limitations, like mental impairments, are they considered in my case?

  53. What good can a psychologist or psychiatrist be in proving my disability case?

  54. Will the judge consider my ability to do work-related activities on a day-to-day basis in a regular work setting?

  55. What sort of things must a psychologist or psychiatrist find or will they look for in determining a claimant’s aptitude and ability to do Unskilled Work?

  56. What about a Claimant’s mental abilities and aptitudes needed to do Semiskilled and Skilled Work, what is considered by the judge or medical expert?

  57. What about a Claimant’s ability to do other types of jobs?

  58. What about other psychiatric disorders, can they be a basis for finding me disabled?

  59. If I have Schizophrenia or paranoia or another psychotic disorder what should my physician be looking for?

  60. What if I suffer from something known as "Affective Disorder"?

  61. What if I or a Claimant I know has been diagnosed as Mentally Retarded or had to take “SLD” courses in school because of an inability to read, write, spell or do simple math well, can this qualify one for Social Security Disability benefits?

  62. What if I suffer from a Bipolar or Anxiety Related disorder, what are the signs and symptoms that my physician should document?

  63. What if I complain a lot about my physical or mental state, is that something that a physician can comment on in my disability case?

  64. What if I suffer from “Personality Disorder”, is that a basis for finding me disabled?

  65. What if I have a substance abuse problem, will it keep me from getting benefits?

  66. What does a physician look for to make the diagnosis of substance abuse disorder?

  67. Can Autism form a basis for an award of disability benefits?

  68. What about a "Mental Impairment Analysis"? What is it and what does a judge look for?

  69. If I am psychologically disabled, will I be allowed to manage my own money?

  70. What are "C" Criteria listings?

  71. What are my “GAF SCORES” and why are they relevant to a finding of a disability based on psychiatric grounds?

  72. Do my complaints of pain have to agree with my test results or clinical findings by my physician?

  73. Based on the elements of record and the claimant’s statements of record and in light of the objectively documented physical and medical findings within the record if the Claimant does not have the residual functional capacity to perform a full range of even sedentary work or is generally unable to sustain or maintain an eight hour workday or a forty hour work week or its equivalent on a regular and consistent basis is he or she disabled?

  74. Based on the Claimant’s age, education, transferable job skills or lack thereof and based on the Claimant’s Residual physical and Mental Residual Functional Capacity, and where the Claimant is significantly unable to engage in substantial gainful activity or sustained full time employment is such a person disabled?

  75. If a claimant does have an impairment or combination of impairments that meets or medically equals one of the listed impairment(s) in 20 CFR 404, Subpart P, Appendix 1 (20 CFR 404.1520(d) and 416.920(d)) is he or she disabled?

  76. If the severity of the claimant’s (mental) affective disorder impairment meets the criteria of listing section 12.04 et seq., of 20 CFR Part 404, Subpart p, Appendix (20 CFR 404.1520(d) and 404.1525) is that claimant disabled?

  77. If, after careful consideration of the record, the judge finds that a Claimant’s limitations so markedly restricted the Claimant’s ability to perform even sedentary work, as defined by the regulations and result in such an erosion of the occupational base for which the Claimant would otherwise qualify that there are no jobs available in the national economy which the Claimant could perform is the claimant disabled?

  78. If, after careful consideration of the record, the judge finds that a claimant has the residual functional capacity to perform sedentary work as defined in 20 CFR 404.1567(a) and 416.967(a) with lifting no more that 10 pounds occasionally and can stand/walk no more than 2 hours in an eight hour day. And sit for less than two hours of an eight hour day, would that person be disabled?

  79. If after careful consideration of the record, the judge finds that the Claimant does not have the residual physical capacity for a full range of light work and the Claimant’s residual functional capacity for sedentary work is markedly reduced by the Claimant’s limitations would that person be disabled?

  80. In making his or her decision, is there any form of analytical process that a judge must use in determining whether or not I may be entitled to benefits?

  81. What if a Claimant is able to perform the requirements of past relevant work, even though the Claimant has physical and/or mental limitations, is such a claimant disabled?

  82. If a claimant’s acquired job skills do not transfer to other occupations within the residual functional capacity as defined in (20 CFR 404.1568 and 416.966) and the claimant does not have transferable job skills that would enable the claimant to return to either regular full time employment or substantial gainful activity is that claimant disabled?

  83. If considering the claimant’s age, education, work experience, transferable job skills and lack thereof, if there are no jobs that exist in significant numbers in the national economy that the Claimant can perform (20 C.F.R. 404.1560(c), 404.1566, 416.9608, and 416.966) is he or she considered disabled?

  84. What if there may be some job out there like Wal-Mart Greeter that I may be able to do, am I not disabled?

  85. Does the ALJ have to give a reasonable basis in rejecting my testimony?

  86. Is it an error for an ALJ to find that a claimant can return to past work?

  87. Must an ALJ truly consider what a claimant’s past relevant work was?

  88. Must an ALJ elicit testimony from an expert if it is found that I cannot go back to my past relevant work?

  89. What if I am absent excessively or suffer from incontinence due to my condition, will that be considered as part of my disability case?

  90. Does my pain really matter in my disability case?

  91. Must a judge sufficiently articulate the reasons for assigning treating physicians opinions little or not weight and relying instead on parts of the opinion of a non-examining medical consultant that had not examined me or considered the record as a whole?

  92. Will my own physician’s opinions that are consistent with my treatment record be given controlling weight?

  93. Must an ALJ develop a full and fair record and take into account the claimant’s medical history, absenteeism and pain in assessing a claimant’s residual functional capacity?

  94. Must an ALJ consider all my limitations?

  95. What is my burden to prove in my disability case?

  96. Once a claimant meets the burden, does the burden shift to the government and how does the SSA go about showing that I am not disabled?

  97. Can an ALJ err by relying on unsigned opinions of two state agency consultants?

  98. What if I have fibromyalgia; what must a judge or physician find if I am to be eligible for SSI or Disability benefits?

  99. What is the American College of Rheumatology’s definition of Fibromyalgia?

  100. Are "Environmental Restrictions" important to my disability case?

  101. What if I have Crohn's Disease, IBS, Colitis? What are the legal or medical considerations that I should have documented by my Internist or other physician?

  102. What about if I have Seizures? What are the appropriate considerations which must be made in determining my case in addition to my other physical restrictions, if any?