Fresno disability attorneys will tell you that the Americans with Disabilities Act (ADA) and the Social Security Act are not the same when it comes to disabilities.  A memorandum from the Associate Commissioner of the Social Security Administration to staff and judges pointed out that the disability provisions of the Social Security Act and those of the American with Disabilities Act are assumed to have different purposes, and do not apply to one another.  For instance, “disability” is defined in the ADA as it indicates an inability to perform “major life activities,” which is not synonymous with the term as it is defined in the Social Security Act.

DOT (Dictionary of Occupational Titles) 

There are 12,741 brief descriptions of occupations listed in the Dictionary of Occupational Titles.  A close link exists between the Social Security regulations and the DOT.  The definitions of exertional and skill levels in the regulations are provided in the DOT, and the grids, the individual charts derived from the exertional levels listed in the Medical-Vocational Guidelines, are built on the numbers of DOT occupational titles that are unskilled at each level of exertion.

Vocational experts are assumed and expected to be well informed and knowledgeable with the DOT.  Your Fresno disability attorney knows that the Social Security Administration (SSA) depends on the DOT even though the DOT was last revised in 1991 and is out of date.  The Department of Labor has decided to stop revising the DOT and is instead replacing it with O*Net, which unfortunately, has almost no information that is beneficial for determining disability using the current sequential evaluation process.

Decision-makers have been told by the SSA that they are not to rely on the O*Net when making disability decisions.

Additionally, an SSA regulation states that should a conflict arise between the DOT and vocational expert testimony, the ALJ must have a reasonable explanation and present an account of how the conflict was resolved in the decision.

If you have questions you would like to ask a competent and knowledgeable Fresno disability attorney about your Social Security disability case, please contact us.

Your Fresno disability lawyer will interview your potential witnesses ahead of time of the hearing.  During this preliminary interview, your lawyer will spend most of the time determining who can serve as the best witnesses for your case and instructing them how their testimony will be the most effective.

This does not mean your Fresno disability lawyer will rehearse the witnesses.  Almost any time a witness is rehearsed, their testimony will appear to be rehearsed and as a consequence, their testimony will receive less weight.  Testimony that has been rehearsed often appears stilted and trite, adds details that are unnecessary, and overlooks important information that could be elicited by means of spontaneous testimony.

What Constitutes Good Testimony

Testimony that emphasizes observations and minimizes conclusions is the best type of testimony that can be obtained from lay witnesses.

For instance, if a witness testifies that you suffer from grand mal epilepsy, emphysema, or arachnoiditis, it is obvious he or she is simply restating what someone else said.  It adds little to your case especially if testimony from better sources reveals the witness to be wrong.

In like manner, testimony from a lay witness that states you are “disabled,” permanently disabled”, or “totally disabled,” is not beneficial.  The Social Security Act does not premise disability on whether it is total or permanent.  Using those terms may cloud or discredit your testimony particularly if the whole sum of evidence shows you are disabled but it is not total or permanent in kind.

If you have questions you would like to ask a competent and knowledgeable Fresno disability lawyer about your Social Security disability case, please contact us.

The hearing is more casual and relaxed than the actual trial. A representation by an expert Fresno disability attorney, along with your confident testimony, will help your cause at the hearing.

ALJ’s Opening Statement

At most hearings, the administrative law judge will open the record, state the present parties and observe that you are represented by yourFresnodisability attorney. The ALJ may ask you or your attorney to confirm that fact on the record. At the beginning of the hearing, most ALJs will try to make you feel comfortable.

The ALJ’s opening statement may include the following:

1. A statement that the hearing is de novo and that the ALJ was not involved in the office that had denied the claim.

2. A notice that the proceeding will be recorded and that the official record of the case will be comprised of verbal testimony and documents admitted into evidence of record.

3. A description of how the hearing will occur, including:

a. only one person will testify at a time;
b. witnesses will be examined under oath and could be cross-examined;
c. the rigid rules of evidence utilized in court are inapplicable;
d. both parties will have enough time to make verbal argument or to file briefs about the facts and law important to the case.

4. A procedural history of how the claim has progressed.

5. A statement of the issues.

6. A short explanation of the documents that are presented as exhibits, addressing potential objections to those exhibits, and admission of exhibits after they cleared by the ALJ.

Some ALJs will ask your lawyer if he or she will waive reading of the procedural history and statement of the issues. Barring some atypical issue in the case, attorneys always agree to waive it.

Applicants filing for Social Security disability benefits will benefit from our legal experience, please contact us.

It is best to be represented by an experienced Fresno disability lawyer at the hearing, as the Administrative Law Judge may change his approach if you are unrepresented.

Social Security Hearing Procedure

The Social Security regulations are not very specific in their description of hearing procedure. They do state that the administrative law judge at the hearing will fully consider the issues, question the claimant and the other witnesses, and take into account as evidence any documents relevant to the case.

The ALJ may also accept evidence at the hearing even though by rules of evidence employed by the court, such evidence would not be admissible in a court.

Witnesses will give testimony under oath and the ALJ will allow both parties to question witnesses. The ALJ have the authority to decide when the evidence will be presented and when the issues will be discussed.

No ALJ conducts a hearing exactly the same as other ALJs. An ALJ may opt for different procedures for an unrepresented claimant than those used in a hearing when an experienced Fresno disability lawyer is representing the claimant. Other related variations include:

• The length and substance of opening statements by ALJs
• How much an ALJ will question the claimant
• Whether the ALJ questions the claimant prior to or following the claimant’s attorney asking questions.
• Instructing witnesses to stay in the waiting room during the claimant testimony; some ALJs do, others do not.

But these variations are subtle, because most disability hearings are conducted in uniform fashion as individual ALJs will abide by procedures established in the Social Security Administration manual.

Contact a proven Fresno disability lawyer ready to help you file for disability benefits and answer all related questions.

A knowledgeable Fresno disability lawyer will explain to you that the Social Security Administration (SSA) disability determination system is not only complex, but requires someone with practical experience in order to achieve the best possible outcome. A disability claim denial is not the end of the process.

A Common Mistake: Failure to Appeal Disability Claim

Your attorney understands that the vast majority of SSA disability claims are rejected upon initial filing. It is unfortunate that more than half of the claimants who are initially denied do not file what is called “reconsideration.”  Do not let this deter you. Make a timely appeal.

Failure to Obtain Appropriate Medical Care

It is understandable that you may feel frustrated by what you perceive to be a lack of improvement in your condition, despite regular medical care.  Your Fresno disability lawyer will emphasize that it is imperative to maintain regular treatment.  This provides the SSA with the documentation needed to determine your actual disability.

Should I Ask My Doctor to Write a Letter Describing My Condition? Should I Send Medical Records?

Your medical records will be gathered by the SSA. A letter from your doctor is a more difficult issue. In many cases, your doctor, though well-meaning, does not truly understand SSA considerations for disability. Therefore, any medical reports the SSA does not request should be submitted under the guidance of an attorney.

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The issues in disability claim and consideration are complex. Contact an experienced Fresno disability lawyer provides counsel on all SSA disability matters.

One reason Social Security disability appeals are often lost is that they are not filed on time. A Fresno disability lawyer will advise you that meeting deadlines is of the utmost importance in SSD appeals matters.

The Timeline for Appealing a Denial in a Social Security Disability Case

All appeals for a denial of benefits must be filed within 60 days.  You attorney should explain to you, however, that it is better to file an appeal sooner rather than later.

First of all, the sooner you file, the sooner you can navigate the bureaucratic system, which will allow you an earlier hearing on your appeal. If you miss the 60-day appeal deadline, you will need to start over, which will likely result in your loss of the benefits to which you would have been entitled had you filed a timely appeal.

 What Is the Process for a Disability Appeal?

The SSA will send you a letter explaining the reason it denied your claim.  This is called a “reconsideration.” Most of these reconsideration are also denied.

If My Reconsideration Is Denied, What Next?

Again, you will need to file an appeal within 60 days.  You can appeal in one of three ways:

1.      Contact the SSA by telephone and make arrangements for your appeal to be handled via phone and mail.

2.      Visit your local SSA office and submit the appeal.

3.      Appeal online.

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The reality is that most claimants are far more likely to be successful in a SSA disability case when represented by an experienced Fresno disability lawyer.  We provide a free, no-obligation consultation to help you understand your rights and responsibilities.

Initial denial on a Social Security disability claim is frequent. The Social Security Administration has developed an appeals process that allows for reconsideration on several levels. A Fresno disability lawyer can assist you in filing and pursuing an appeal, and indeed this is one way of ensuring that you not will inadvertently miss very stringent time limits for doing so.

The Four Levels of the Claims Process

Your application may move through as many as four levels as you seek approval on your claim:

• Initial determination from the original application
• Reconsideration – the first appeal
• Hearing before an administrative law judge (ALJ)
• Appeals Council review

Once you and your Fresno disability lawyer exhaust this process, your alternative is to work with your Fresno disability lawyer to file your appeal in federal court.

Time Constraints

It may help to think of the number 60 for Social Security appeals. In all but one case the claimant has 60 days to appeal from the date the denial is received by mail. Since it is assumed you will have the denial in your hands five days after the decision is rendered, this amounts to 65 actual calendar days.

However, once a claim has been sent to federal court, if a remand is issued back to the Appeals Council level, the limit of time for filing is much more brief—30 days. Note that it is extremely important that your appeal is filed within these time constraints. Failure to do so could mean starting the application process all over.

If you have become disabled and cannot work for at least 12 months, you may be able to receive Social Security disability benefits. A strong Fresno disability lawyer can help, especially during the appeals process.