DANGERS OF REPRESENTING YOURSELF IN A SOCIAL SECURITY DISABILITY HEARING

The claimant was 31 years old.  He could lift 100 pounds with no problem.  He had absolutely no restrictions with standing/walking, sitting, bending, lifting, stooping, kneeling, crouching, crawling or lifting.  He had unlimited use of both hands and feet.  He could mow grass, walk or run for miles, climb onto his roof and play football.  He had a high school education and spoke excellent English.  He was also disabled according to Social Security's rules and regulations.  And he won his Social Security disability hearing.

The above facts represent one of my actual clients.  I'm telling the following story for a reason:  I want to point out the dangers of representing yourself in a Social Security disability hearing (appeal).

First, let me say that there were no "lawyer tricks" involved in getting this person approved.  He met the rules.  It was not an easy win.  But at the end of the day, Social Security had to observe their rules and find that this person could not sustain any full-time competitive employment in his present condition.

The disabling impairments were non-exertional.  Specifically, we demonstrated that the claimant could not remember, understand or carry out simple instructions in a workplace environment.  Further, he would be unable to maintain concentration, persistence and pace necessary to perform any full-time work.  Also, he would be absent because of a medically documented psychiatric condition for 4 or more days per month.  He would clearly be unable to respond appropriately to co-workers, supervisors or the general public.  He would not be able to mark simple work related decisions.  In summary, he failed the mental demands of unskilled work set forth in SSR 96-9(p) and SSR 85-15.

This case was actually won before the hearing ever began.  It was won by submitting very detailed, specific medical information to show that this claimant had a residual functional capacity below that required for even sedentary unskilled work, based on psychological impairments related to depression, anxiety, post-traumatic stress disorder, panic disorder, etc.  Failure to meticulously obtain and present this medical documentation would have most likely resulted in a denial of benefits because this individual was a perfect example of excellent physical health.  

However, Social Security Rule SSR-85-15 states, " A substantial loss of [the mental] ability to meet any of these basic work-related activities would severely limit the potential occupational base. This, in turn, would justify a finding of disability because even favorable age, education, or work experience will not offset such a severely limited occupational base.

Thus, application of the Social Security regulations to specific medical history and vocational requirements carried the day.   As with most cases, an unrepresented claimant could have made any number of omissions or commissions that might have lost the case.