Discussing You in Hypothetical Terms

If a Bellevue disability benefits attorney hasn’t prepared you in advance for your appeal hearing, chances are the way the Administrative Law Judge (ALJ) and vocational expert (VE) discuss your case history will seem strange.

Since the judge and experts don’t know everything there is to know about you, talking about you directly as they discuss your capacity for work would be inappropriate – and could possibly lead to invalid testimony.

Instead, the judge and experts will talk about an imaginary person with the same medical condition or conditions as you in imaginary work situations. These hypothetical questions are meant to give the judge a better understanding of your situation without implying that it is indisputable truth.

The Problem With Hypothetical Questions

Obviously, this isn’t a perfect system. You aren’t an imaginary person. Neither the ALJ nor the VE have a perfect understanding of your symptoms and limitations, and the VE may not think of every possible function necessary to perform a job they suggest.

Questioning the vocational expert after he or she gives testimony to the ALJ is the primary role of an experienced Bellevue Social Security attorney. A disability attorney will be able to combine the knowledge of your limitations with the functions necessary to complete any job the VE may suggest to bring up issues that the VE may have missed, possibly persuading them to dismiss a suggested job, improving your odds of approval.

Ready to learn more? Reach Cuddigan Law at 402-933-5405 or [email protected]. Our info-packed report, Give Yourself the Best Chance of Winning Your Social Security Disability Case, is available to you FREE. Call us today!

Timothy J. Cuddigan
Connect with me
Omaha Social Security and Veterans Disability Lawyer With Over 40 Years Experience
Comments are closed.