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ALJ hearing: address the inconsistencies in the claim file

By Gordon Gates on October 29, 2012

Just prior to a recent hearing for a Social Security disability claim, the administrative law judge told me his specific concerns about the case. I wish that would happen before every hearing.

In this particular claim, there was a disparity between the objective testing of the claimant’s vision in the doctor’s office and the real-life experience of the claimant, who is approaching blindness. Once this inconsistency was addressed to the satisfaction of the judge, the judge quickly granted the disability claim, noting the claimant’s excellent work record prior to the onset of disability.

Addressing inconsistencies in the claim file is the most important aspect of a disability hearing.  Spotting inconsistencies requires a thorough review of the disability claim file and an experienced eye. A good knowledge of your client’s personal story helps to address any inconsistencies you may find.

One problem is that often you do not know what the judge may view as an inconsistency. It is not always apparent, as it was in the case described above. So having the judge tell you in advance of the hearing is a significant help.

  • Posted in:
    Financial
  • Blog:
    Social Security Disability Lawyer Blog
  • Organization:
    Law Offices of Gordon Gates
  • Article: View Original Source

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