1. Practical Considerations on
Handling a Social Security
Disability Case
Suzanne Villalón-Hinojosa
www.texasdisabilityadvocates.com
Social Security Disability 2011
November 18, 2011
New Orleans

2. Get the Medical Records
• You (the claimant) must provide medical
evidence.
– 20 CFR § 404.1512(c)
• We (SSA) will develop your complete medical
history for at least the 12 months preceding the
month in which you file your application.
– 20 CFR § 404.1512(d)
• A representative shall act with reasonable
promptness to obtain the evidence that the
claimant wants to submit.
– 20 CFR § 404.1740(b)(1)
• The ALJ should initiate development if
additional evidence is needed.
– HALLEX I-2-1-1

3. Recent/Current MEDICAL TREATMENT
Name: Date: __________
Other Names Used (maiden, prior marriage, nickname):
Most clients
______________________________________________________________________
1. MAIN DOCTOR:______________________________________________
will complete Address:____________________________________________________
____________________________________________________
Phone:_____________________________________________________
a simple form Medical Problem Treated:______________________________________
Date Last Seen:______________________________________________
with provider
2. OTHER DOCTOR SEEN:____________________________________
Address:_______________________________________________
____________________________________________________
information ,
Phone:_____________________________________________________
Medical Problem Treated:______________________________________
Date Last Seen:______________________________________________
especially at 3. OTHER DOCTOR SEEN:____________________________________
Address:____________________________________________________
____________________________________________________
the beginning Phone:_____________________________________________________
Medical Problem Treated:______________________________________
of the case.
Date Last Seen:______________________________________________
4. LAST HOSPITALIZATION:__________________________________
Address:_________________________________________________
Date Admitted:___________________________________________
**LIST OTHER DOCTORS/HOSPITALS WITH CONTACT INFORMATION ON BACK**

4. Get a Medical Source Statement
• We give more weight to opinions from
treating source.
– Treating sources:
• Provide a detailed, longitudinal picture of your
medical impairments
• Bring a unique perspective to the medical
evidence
• We will give a treating source opinion
controlling weight.
– It is well supported
– It is not inconsistent with the other evidence
• The ALJ must consider each separate
opinion in a MSS.
– SSR 96-5p

5. Use terms that the VE understands
in a MSS
Mental Capacities Lift, Carry, Bend, Stoop
• No/mild loss:
– No significant loss of ability in the • Rarely/None
named activity; can sustain
performance for > 2/3 of an 8-hour – No sustained/8hrs
workday.
• Moderate loss: • Occasionally
– Some loss of ability in the named
activity but still can sustain – <1/3 of 8 hrs
performance for 1/3 to 2/3 of an 8-
hour workday. • Frequently
• Marked loss:
– Substantial loss of ability in the named – 1/3-2/3 of 8 hrs
activity and can sustain performance
less than 1/3 of an 8-hour workday. • Constantly
• Extreme loss:
– Complete loss of ability in the named – >2/3 of 8 hrs
activity; cannot sustain performance
during an 8-hour workday.

7. Know your Judge
• Find out the win/loss Full Name Office State Approval
rate of your ALJ Vanderhoof,
Alexandria Louisiana 35%
Gary L
– Disability Judges.com
– Oregonlive.com Vanderhoof,
Gary L
Fort Smith Arkansas 35%
Vanderhoof,
San Antonio Texas 35%
Gary L
www.DisabilityJudges.com
Total Fully Partially
Judge Name Decisions Dispositions Favorable Favorable Approval Rate Unfavorable Denial Rate Year
VANDERHOOF, 805 924 188 54 26% 563 61% 2005
GARY L
VANDERHOOF, 875 1,031 207 31 23% 637 62% 2006
GARY L
VANDERHOOF, 943 1,189 152 35 16% 756 64% 2007
GARY L
VANDERHOOF, 835 1,000 142 29 17% 664 66% 2008
GARY L
www.oregonlive.com/special/index.ssf/2008/12/social_security_database.html

8. Prepare your client for the hearing
• Who will do what?
– They will testify…not you.
– The Judge will talk directly to your client
– But you will argue and also ask questions
– Your client should know what they might hear
from the experts
• Adverse evidence
• Bottom-line:
– no surprises

9. Step 4 is the new Step 2
• The burden of proof rests with the claimant
to establish that he is unable to perform his
previous work.
– Bowen v. Yuckert, 482 U.S. 137, 146 n. 5 (1987)
• SSR 82-62 does not shift the burden of proof
at Step 4.
• Proposed new ruling will make
it harder for the claimant to
meet his/her burden and
easier for an ALJ to deny a a
claim at Step 4.

10. Carey v. Apfel
230 F.3d 131 (5th Cir. 2000)
• Claimant should not be permitted to
scan the record for implied or
unexplained conflicts between the
specific testimony of an expert witness
and the voluminous provisions of the
DOT and then present that conflict as
reversible error, when the conflict was
not deemed sufficient to merit
adversarial development in the
administrative hearing.

11. DOT vs. VE
• Claimants and their representatives cannot be presumed to
know instantly the precise reasoning levels and temperaments
factors applicable to those jobs.
• However, claimants have the opportunity to cross examine
vocational experts, and they can test an expert's opinion that
there is no conflict with the DOT by routinely asking them
to recite for the record the reasoning abilities and worker trait
characteristics that the DOT attributes to each job that the
vocational expert testifies that a hypothetical person with the
same limitations as the claimant can still perform.
• If any of the DOT job requirements appear contrary to the
limitations posited by the administrative law judge's
hypothetical question, claimants can then develop their points
through cross-examination.
Veal v. SSA 618 F.Supp.2d 600 (E.D.Tex. May 21, 2009)

12. Comparing DOT data with the RFC
Direct Conflict: Indirect Conflict:
Reasoning levels Definition of Temperaments
• D DIRECTING, controlling, or planning
• 3 Apply commonsense understanding to carry activities of others.
our instructions furnished in written, oral, or • R Performing REPETITIVE or short cycle
diagrammatic form. Deal with problems
involving several concrete variables in or from work
standardized situations. • I INFLUENCING people in their
opinions, attitudes, or judgments.
• 2 Apply commonsense understanding to carry • V Performing a VARIETY of duties
out detailed but uninvolved written or oral
instructions. Deal with problems involving a few • E EXPRESSING personal feelings.
concrete variables in or from standardized • A Working ALONE or apart in physical
situations. isolation from others.
• S Performing effectively under STRESS.
• 1 Apply commonsense understanding to carry
out simple one or two step instructions. Deal • T Attaining precise set limits,
with standardized situations with occasional or TOLERANCES, and standards.
no variables in or from these situations • U Working UNDER specific instructions
encountered on the job.
• P Dealing with PEOPLE.
• J Making JUDGEMENTS and decisions
1991 Revised Handbook for Analyzing Jobs
(RHAJ) provides detailed descriptions for
temperaments

13. Transferability
Work Fields MPSMS
• Work Field: Indicates the • Materials, Products, Subject Matter,
techniques or technologies and Services (MPSMS): Indicates
through which are essential to the materials processed, final
the performance of an products
• created, data or subject matter dealt
• occupation. It is expressed as a with, or services rendered through
three-digit code, with the first performance of job duties. The
two digits of a code indicating a MPSMS
general category • code is designated by a three digits,
• of technology or technique and with the first indicating if the
the entire three-digit code occupation is within the category of
indicating a specific category of materials
technology or • and products, subject matter, or
services, the second indicating a
• technique, with each successive more specific occupational group,
digit corresponding to a more and the third
precise set of occupations. • a precise occupational category.

14. What should you ask the VE?
• Specific limitations
– From client testimony corroborated by MEO
– From any MSS
• Treating, SAMC, CE, ME
• DOT data (PRW & Other jobs)
– Numbers/SVP
– Reasoning levels
– Work Fields & MPSMS
• Indirect conflicts with the DOT
– Unilateral upper extremity limitations/abilities
– Definition of temperaments from the RHAJ
– Sit/stand option (SSR 83-12)
• How does the VE know jobs exists?
– Familiarity with resource materials (404.1566) other than the DOT (See
404.1566, local industrial publications)
– Job placement experience
– Labor market analysis