Unfavorable Decisions

In a recent conversation, I was asked by another attorney, "What do you do when you have a client that is denied at the hearing level by an ALJ?" First, I have to give some perspective to my practice as a Social Security Disability attorney. In our office, we take most (and I do mean most) valid cases. That is to say, they have a pending claim for disability and have received a medical denial. If we can think of a plausible theory for disability, we will take the case.

That said, there are occasions when we will represent a claimant that has very little chance of success but would like to have their "day in court." What can I say, I am a bleeding heart and we are surprised on occasion with a win.

Back to the question. If I feel that the ALJ's decision is inadequate in his/her application of the laws, rulings, and regulations, I will appeal the case to the Appeals Council everytime. However, if the only basis is that the Judge didn't see it my way, an appeal may not be warranted. As a practice policy, I will usually appeal a case to the Appeals Council on most unfavorable decisions. Like it or not, I can usually find an error in the Judge's application of the law. More and more, I am appealing on the issue of the ALJ limiting a claimant to "unskilled, low stress work". This limitation is inadequate and leaves too many inferrences on the part of the Vocational Expert at the hearing. We are getting a lot of these cases remanded from the Appeals Council. Believe it or not, we still have the same ALJ giving this type of hypothetical.