QUESTION
Chances of winning at Hearing Council
Asked on Apr 07th, 2017 on Social Security Disability - Virginia
More details to this question:
I had my hearing back in January. My hearing was held via video conference. The ALJ was located in PA and I live in VA. The judge stated on record I couldn't work due to my conditions during his hypotheticals. And the VE stated there are no jobs I could perform. Both past work and for any future work. I received his decesion in March. And I was denied. In all honesty, how can the ALJ make the statements he did, then deny me? I've read where the Hearing Council only approves or sends back about 25% of the cases. They hardly ever overturn a decesion unless there's a technical error. Would my case be deemed a technical error?
1 ANSWER
Workers Compensation Attorney serving Richmond, VA
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Gerald G. Lutkenhaus, Attorney at Law
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In a hearing the ALJ asks the vocational expert a series of hypothetical questions. Some are favorable to you. Some are not. It appears the ALJ decided the medical evidence did not support the questions that were favorable to you. Instead, the ALJ decided the medical evidence supported his/her conclusion you could do some form of work and were not totally disabled. You are correct in saying on an appeal the Appeals Council does not reverse the ALJ unless the ALJ ignored medical evidence that was overwhelmingly in your favor. Although you stated what the ALJ said at the hearing, you did not state what the ALJ said his finding was in the actual decision. Apparently, he/she found you could do some form of work. You needed to say specifically what the ALJ said.
Answered on Apr 28th, 2017 at 7:12 AM