Comments on: Part 3, What Happens During My Social Security Disability/SSI Hearing? http://delawaredisability.com/2009/11/part-3-during-hearing/ Social Security Disability Law Weekly. Presented by Steven Butler of Linarducci & Butler. Focus on Social Security Administration disability programs. Discussion of Social Security Disability Insurance, Supplemental Security Income Payments, and Widow(er)'s Disability Benefits. New episodes posted weekly. Emphasis placed on individuals living in Delaware, New Jersey, Maryland and Pennsylvania. Sat, 06 Mar 2010 07:18:56 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Steven Butler http://delawaredisability.com/2009/11/part-3-during-hearing/comment-page-1/#comment-58 Steven Butler Tue, 15 Dec 2009 23:41:22 +0000 http://delawaredisability.com/?p=207#comment-58 Sean, Thank you for your question. For most hearings in Delaware there are never Medical Experts. Some other jurisdictions use MEs on a regular basis. Vocational Experts are required in the 3rd Circuit (which includes Delaware), when an individual has non-exertional limitations. If an individual has documented non-exertional limitations in the 3rd Circuit and a VE is not used, it is usually legal error for an ALJ to deny someone. Generally, it is difficult to say whether it is a good or bad sign to not have either expert present. I have had MEs that have been very helpful and allowed my client to be approved, and I have had MEs that have caused my clients to be denied. With the VE, it would really depend on whether there is enough evidence in the record that established that you could still perform your past work, or that you could perform a full-range of work without limitation. It is usually a good sign in my cases when a VE is not needed, but I can only speak on cases that I have direct knowledge of. I hope that you have a positive outcome, and that the information in my post was helpful. Good luck! Sean,

Thank you for your question. For most hearings in Delaware there are never Medical Experts. Some other jurisdictions use MEs on a regular basis. Vocational Experts are required in the 3rd Circuit (which includes Delaware), when an individual has non-exertional limitations. If an individual has documented non-exertional limitations in the 3rd Circuit and a VE is not used, it is usually legal error for an ALJ to deny someone.

Generally, it is difficult to say whether it is a good or bad sign to not have either expert present. I have had MEs that have been very helpful and allowed my client to be approved, and I have had MEs that have caused my clients to be denied. With the VE, it would really depend on whether there is enough evidence in the record that established that you could still perform your past work, or that you could perform a full-range of work without limitation. It is usually a good sign in my cases when a VE is not needed, but I can only speak on cases that I have direct knowledge of.

I hope that you have a positive outcome, and that the information in my post was helpful. Good luck!

]]> By: sean http://delawaredisability.com/2009/11/part-3-during-hearing/comment-page-1/#comment-55 sean Mon, 14 Dec 2009 15:48:22 +0000 http://delawaredisability.com/?p=207#comment-55 there was no ve or me at my ssd hearing is this a good or bad sign there was no ve or me at my ssd hearing is this a good or bad sign

]]> By: Tips for an Effictive Social Security Disability (SSDI) / Supplemental Security Income (SSI) Administrative Law Judge Hearing http://delawaredisability.com/2009/11/part-3-during-hearing/comment-page-1/#comment-34 Tips for an Effictive Social Security Disability (SSDI) / Supplemental Security Income (SSI) Administrative Law Judge Hearing Tue, 17 Nov 2009 21:53:41 +0000 http://delawaredisability.com/?p=207#comment-34 [...] how to prepare for an Administrative Law Judge Hearing, what to expect the day of your hearing, and what actually happens during your hearing, this post will focus on hearing tips for making the most of your Administrative Law Judge [...] [...] how to prepare for an Administrative Law Judge Hearing, what to expect the day of your hearing, and what actually happens during your hearing, this post will focus on hearing tips for making the most of your Administrative Law Judge [...]

]]> By: What to Expect at a Social Security Disability Insurance/SSI Administrative Law Judge Hearing: Part II, Day of Your Disability Hearing http://delawaredisability.com/2009/11/part-3-during-hearing/comment-page-1/#comment-29 What to Expect at a Social Security Disability Insurance/SSI Administrative Law Judge Hearing: Part II, Day of Your Disability Hearing Tue, 10 Nov 2009 22:44:24 +0000 http://delawaredisability.com/?p=207#comment-29 [...] At this point you have taken the steps necessary to prepare for your hearing (My Social Security Disability/SSI ALJ Hearing Was Scheduled, Now What?), and now you know what to expect when you arrive at your hearing.  My next post will describe your actual testimony during the hearing, and the types of information that …. [...]

]]> By: My Social Security Disability/SSI ALJ Hearing Was Scheduled, Now What? http://delawaredisability.com/2009/11/part-3-during-hearing/comment-page-1/#comment-28 My Social Security Disability/SSI ALJ Hearing Was Scheduled, Now What? Tue, 10 Nov 2009 22:42:07 +0000 http://delawaredisability.com/?p=207#comment-28 [...] Part 3, What Happens During My Social Security Disability/SSI Hearing? [...] [...] Part 3, What Happens During My Social Security Disability/SSI Hearing? [...]

]]>