On August 15, 2011, Louis Vigorita made a presentation to the Volunteer Lawyers Services Program of the Ventura County Bar Association on the current status of Social Security. The reason he spoke to the volunteer lawyers was to educate them as to how to better screen the incoming calls from the potential pro bono client community in order to better serve them by being more cognizant of their legal issues.
The thrust of the topic was these 10 most common arguments to make on Appeal. For one the judge may fail to properly evaluate mental impairment of the claimant. There is a five step process that the administrative law judge must decide disability properly. If he fails to properly follow this five step process he/she is subject to reversal by the Appeals Council. Secondly, the judge may fail to address the opinions of the state agency and on examining medical consultants. The judge cannot ignore the opinion of the state agency on examining physician and failed to provide any reason for rejecting this evidence. Thirdly, the judge may fail to address the treating physician’s evidence. Remember that he treating physician is given great weight, because this doctor is more familiar with the patient time of valuation by a CE. The judge must provide valid reasons for a rejection of this type of doctor’s opinion. Fourth, the judge must not fail to address other medical evidence and opinions in the exhibit record. This is especially important where a particular medical opinion directly conflicts with the judge’s RFC’s findings. Fifth, the judge must make a proper credibility finding. This means that he or she must evaluate the claimant’s subjective complaints and determine whether or not the witness testimony is credible. Sixth, the judge must properly assess the claimant’s RFC. The residual functional capacity of the injured worker is referred to as the RFC. Ordinarily, RFC is an assessment of an individual’s ability to do sustained work-related physical and mental activities in a work setting on a regular and continuing basis. A regular and continuing basis means eight hours a day, for five days a week, or an equivalent work schedule. Seventh, the judge fails to properly consider the mental and physical demands of the claimant’s past work. Eighth, the judge failed to obtain vocational expert testimony. Ninth, the judge fails to comply with the HALLEX procedures IN soliciting post hearing evidence. HALLEX stands for “Hearings, Appeals and Litigation Law Manual”. It comprises statements, procedures, directing lower levels of the Social Security administration on how to carry out the guiding principles. Finally tenth, the judge mischaracterizes or misstates the Record, in some significant respect.

These are just some of the errors that may be made at a disability hearing where the judge must decide whether the claimant meets the definition  of disability and therefore entitled to Social Security benefits.