Approximately 3.6 million people live in the State of Missouri. Of these residents, approximately 194,000 receive disability benefits from the Social Security Administration. Each year, thousands more contact a disability attorney and file for Social Security disability in Missouri. Unfortunately, if history is any indication of future approval rates, the SSA will deny almost 70 percent of the new claims.

For most cases, the second step would be a reconsideration appeal; however, the state of Missouri is one of ten prototype states that have eliminated this step in the process. This means once the initial claim is denied, SSDI applicants will more than likely move straight to a social security disability appeal hearing in front of an administrative law judge (AJL).

What to Expect From Your Disability Attorney during the Hearing

This hearing is typically short, lasting only 15 minutes to an hour, and is more than likely your best chance of receiving the benefits you deserve if your initial claim is denied. At your hearing, the judge, and your disability attorney, if you are represented, will ask you questions about your disability and work history. In addition to the judge, a court reporter, and your disability attorney, a vocational expert will also be at the hearing.

A vocational expert (VE) is an expert witness called by the SSA who knows about the current labor market and what skills are required to perform certain jobs. The VE will give his/her opinion about what jobs you are eligible for, given your limitations. This testimony is vital because the VE’s opinion will usually determine the outcome of your case. The VE will also classify each of your relevant prior jobs to determine if you are still able to do any of them. If he/she determines that you cannot, the VE will then testify about what transferrable skills you have.

After this, both the ALJ and your disability attorney can ask the VE a series of questions, called hypotheticals, based on your documented impairments. A hypothetical for a person with severe spinal stenosis may look like this:

“What jobs, if any, could a person of the same age, education, and with the same work history as the claimant be able to do if he or she could lift no more than 10 pounds on a regular basis, could stand no more than 30 minutes, was unable to kneel or bend, and needed to lay down periodically throughout the day.”

The VE will then testify as to what jobs, if any, a person who has the work-related limitations described in the hypothetical could do. If the VE believes there are jobs the hypothetical person can perform, he or she will state the job titles, their codes, and the number of the jobs (including filled positions) in the area near where you live. If the VE testifies that there are still jobs the person can do despite having your work-related impairments, your claim will be denied.

Fortunately, your disability attorney will be allowed to ask the VE follow-up questions after the ALJ has finished asking questions. Your disability attorney will try to rule out the jobs that the VE stated someone with your limitations could do, often by including some limitations that the judge left out of the hypothetical. Your attorney’s goal is to try to get the VE to say that there are no jobs available that you can do. The cross-examination of the vocational expert is one of the most important parts of the hearing.

For more information about what to expect during the SSDI application process, please give us a call to set up a free consultation.