SOCIAL SECURITY DISABILITY LAW BLOG
May 27, 2011
Detroit disability lawyer explains why an expert witness might be called to testify at your disability hearing
In addition to your testimony and the testimony of lay witnesses, one or more expert witnesses might offer testimony at your Detroit disability hearing.
A medical expert may be called to testify if, for example:
– Your case involves a complicated medical issue;
– The judge has questions about whether your impairment meets or equals a Listing impairment;
– The judge needs an expert’s help to complete the required psychiatric review technique form, in a case involving a mental impairment;
– The “onset date” of your disability must be inferred from the medical evidence;
– There is an issue as to whether you failed to follow prescribed treatment; or
– There is a question about your residual functional capacity.
The medical expert’s role will be to interpret the medical reports and records in your case and help the judge understand the nature and severity of your impairment. The expert’s opinions will be based upon the medical records and testimony presented at the hearing, not on personal experience in treating you.
A vocational expert may be called to testify about the type of work you engaged in over the past 15 years, including your particular job duties and the nature of the work (e.g., “sedentary,” “light,” or “medium”). The expert will opine as to whether you are able to do any of your past jobs and, if not, whether you are able to perform any other type of job. In general, the main goal of the vocational expert’s testimony will be to establish that you are able to work and, therefore, not “disabled” under the law.
If your hearing letter states that a medical or vocational expert will testify in your case, an experienced Detroit disability lawyer can help you deal effectively with this testimony. If you are not currently represented, and you would like to talk with me about your upcoming hearing, please contact me.
SOCIAL SECURITY DISABILITY LAW BLOG
May 12, 2011
Ask your Detroit disability lawyer how your friends and family can help with your claim
If you know of a family member, friend, former employer or coworker, neighbor, clergyman, or other person who might be able and willing to testify on your behalf at your disability hearing, tell your Detroit disability lawyer about this person. The Social Security rules and regulations allow for the testimony of lay (non-expert) witnesses and specifically recognize the importance of this testimony with regard to the following issues:
- The onset date of your disability.
- Your present ability to work. A lay witness’ descriptions and observations of your impairment-related limitations may help in determining your “residual functional capacity.”
- The nature of your past relevant work.
- Your symptoms, including pain. Friends and family can describe their observations of your symptoms; your functional limitations; and your response to treatment and medication.
- If you have a mental impairment, the effect of that impairment on your daily activities, including, e.g., on your concentration and your ability to function in social situations.
- If you have chronic fatigue syndrome or reflex sympathetic dystrophy (complex regional pain syndrome), the impact of your impairment on your ability to function on a daily basis and over a period of time.
In weighing the testimony of a lay witness, the adminstrative law judge will evaluate the witness’ credibility, taking into account the nature and extent of your relationship with the witness and the degree to which the witness’ testimony is consistent with the other evidence in your case.
The observations of lay witnesses can paint a vivid picture of your restrictions, your daily activities, and your efforts to work. Your Detroit disability lawyer should help you identify these individuals and prepare them for the hearing process. If you are not currently represented by a Detroit disability lawyer, and you would like to talk with me about potential witnesses or any other aspect of your hearing, please contact me.
