Disability Law Claims Blog

ALJs may pose hypothetical situations during your hearing...

During a Social Security Disability hearing with an agency-appointed vocational expert, an administrative law judge (ALJ) may pose a hypothetical situation to the vocational expert to determine what jobs a person with similar impairments and limitaions can do on a full time basis. The following is an actual example of said tactic:

At our client's Social Security Disability hearing, the ALJ posed an incomplete hypothetical situation to the vocational expert, which did not include all of our client's severe impairments and associated limitations.  The ALJ's hypothetical scenario failed to include specific limitations in our client's left hand and arm and failed to address our client's limitations resulting from using her medically prescribed cane.

In this case, the ALJ had a duty to pose a proper hypothetical scenario to the vocational expert, which includes all of the claimant's severe impairments and associated limitations.  This legal error requires reversal of the ALJ's decision or remand for further proceedings.

The Law Office of LaVan & Neidenberg has helped thousands of claimants secure their Social Security Disability Insurance Benefits. Our attorneys have years of experience with arguing disability cases in front of Administrative Law Judges and cross-examining the medical and vocational experts appointed by the agency.

Visit our Social Security Disability practice page for more information or call us for a FREE evaluation of your case. We can't take away your pain, but we can lift you from your legal burden and help you collect the disability benefits you deserve.