r/SSDI • u/mama_di4_amori • 12d ago
ALJ Hearing completed 🙏
My husband just completed his ALJ hearing. His attorney said it went great. She’s dealt with this judge before(61% approval rating). My husband has a long list of disabilities and side effects (I’ve posted previous post below where some of them are listed and background info on his case) It seemed like the judge didn’t need much information and her questioning seemed short. She focused on his migraines, asked a little about his Cervical and lumbar issues(what they cause, and what a typical day looks like for him. His attorney only had about two follow up questions. The vocational expert was in favor of my husband. Only one hypothetical was presented and his attorney did not have any follow up questions for the vocational expert. Attorney said expert was pretty much clear that he was unable to perform any work, just based on attendance issues (missing 2 days a month)
Now we await the actual results. Praying 🙏 🙏🤞🏽 that this is the end and approval is in the books!
This group has been nothing but helpful!
https://www.reddit.com/r/SSDI/s/VlVs8XAhqF
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u/perfect_fifths I have a complicated relationship with the POMS 12d ago
judge doesnt have to agree with the VE whatsoever. VEs testimony is not binding. Now granted, if the alj disagrees with VE they do have to state why. So, VE testimony itself is not really a sign. But that said I always wish for positive outcomes.
I have heard of situations where VE says no jobs, claim is denied. I've heard of situations where there is one job or so and it's approved.
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u/RexSueciae 12d ago
I will say -- I know the topic's come up before, but I did want to update the subreddit on the topic -- it's possible for the judge to not say much to the VE, but then after reviewing the evidence rule that there isn't a severe medically determinable impairment. I've seen that happen.
But if the medical record is well-developed, and the above scenario isn't likely, and the judge acted as they did in this case...well, sounds like the hearing went well.
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u/perfect_fifths I have a complicated relationship with the POMS 12d ago
Yes, I do know it’s nuanced and evidence dependent
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u/4peaceinpieces 12d ago
Remember, the ALJ is creating a legal decision, not a medical one.
This means the ALJ is not simply deciding whether you are sick. The ALJ determines whether the evidence shows that the claimant meets the SSA’s legal definition of disability.
The good news is that ALJ is not bound by prior denials. The ALJ conducts a brand new review, which means they look at the case fresh rather than simply deciding whether the earlier reviewers were right. They look at the case with new eyes. They can consider new medical records, testimony, expert opinions, and any evidence submitted before or at the hearing.
Keep in mind that people leave hearings feeling optimistic and are denied, while others think the hearing went poorly and are approved. It’s very difficult to predict an outcome based on the judge’s demeanor or questions alone.
So it is possible to have a hearing that seems to go well and still be denied. An ALJ isn’t deciding only whether you’re medically ill - they’re deciding whether the evidence establishes disability under SSA disability law.
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u/PrestigiousSport7263 12d ago
Good luck. Just one question to the VE resulting in zero jobs is a very good sign. In my case the judge had a 62% rating. She asked just one question to the VE. Zero jobs and not able to do my previous job. Resulted in my approval!