FULLY FAVORBLE SS DISABILITY DECISION: MEDICAL EXPERTS TESTIFYING AT HEARING
We were recently successful at a hearing where the ALJ had a medical expert, a Medical Doctor testify by telephone at one of our client’s hearings. This can be problematic for both the claimant and the ALJ since neither side really knows what the M.D. is going to conclude at a hearing. In this case, the medical evidence was strong and I suppose the ALJ called the medical expert to help bolster the SSA’s case against a finding of disability. I have found the ALJs are using the physicians more and more, especially in cases involving chronic pain and headaches, the sorts of symptoms that are subjective in nature. The physicians become necessary to provide rationale for the ALJ opinions, often denying benefits. In this case, the evidence was so overwhelming that the medical expert did not keep us from proving our client’s case.