QUESTIONS ABOUT THE DISABILITY APPEAL PROCES - TAKE THE TEST JUST FOR FUN - OR TO LEARN

Sponsored by the Forsythe Firm, Alabama Social Security disability specialists.  (256) 799-0297

1.  True or False?  Alabama is a prototype state. If your disability application is denied by Social Security, you must first ask for a reconsideration before you can request a hearing?

2.  Besides Alabama, how many other states are "prototype states"?

2.  Which of the following is typically not present in a Social Security hearing?
a)  the claimant's representative
b) a vocational witness
c) a recording clerk
d) a supportive family member of the claimant

3.  In a hearing, the vocational witness testifies that the claimant has a college degree, has worked more than 20 years in light exertional unskilled work; therefore, she has skills that will transfer to sedentary work.  What's wrong with this testimony?

4.  A vocational expert testifies during a hearing that the claimant, in spite of his limiting impairments, can perform the work of an egg washer at a poultry farm.  The expert testifies that there are 23 such jobs in Alabama and more than 1,000 such jobs in the United States.  Is there any basis for the claimant's representative to object to these job numbers?

5.  True or False?  If a claimant is found to have received unemployment benefits after he claims to have become disabled, the judge will either deny his claim altogether or will deduct the amount of unemployment benefits from the claimant's back pay.

6.  The vocational witness in your hearing testifies that the mental demands of work are not as important as the physical demands.  This contradicts Social Security Rule 85-15.  Should your representative point this out to the vocational witness?  Why or why not?

ANSWERS

1.  False.  You may file an immediate request for hearing.

2.  9

3.  No skills were learned or used in past unskilled work, so there are none to transfer.

4.  One obvious objection is that the job numbers do not represent a "significant number of jobs," although that term has never been defined.  Another objection might be the source of the job numbers--where did they come from?

5.  Not a simple True or False question.  Some judges might take either of the actions mentioned; however, I've seen other judges who do not make a big issue of unemployment benefits.  There is presently no law that makes it illegal to receive both unemployment benefits and Social Security disability benefits.  Some judges still object to it.  The real problem is credibility.  To receive unemployment benefits, the individual must be looking for work.  Does that mean he is not disabled?

6.  Objection to vocational testimony must be directed to the judge, not to the vocational witness.