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Questions Always Asked at a Social Security Disability Hearing

Wednesday, December 29th, 2010

You may be nervous about your Social Security Disability hearing. What type of questions will the Administrative Law judge ask? Who will be there? What happens if you say something wrong or do not know the answers the disability questions?

The good news is the Social Security Disability hearing is not the type of hearing we have all seen on television. There is not a defense attorney present, and the Social Security Disability claimant will not have to sit in front of a crowded courtroom with hundreds of spectators looking on.

The Social Security Disability hearing is generally held in a small room at a county courthouse or another predetermined location. The attendees generally include the claimant’s Social Security Disability lawyer, the Administrative Law Judge, a vocational expert and possibly a medical expert.

Social Security Disability Hearings can last from fifteen minutes to one hour and are very informal. The claimant should dress in normal everyday attire. The Social Security Disability hearing is tape recorded, and the claimant and all of the other witnesses are answering their questions under oath.

Every Administrative Law Judges has their own method of conducting the Social Security Disability hearing. Some Administrative Law Judges prefer to ask all of the questions themselves, while others rely heavily on the claimant’s Social Security Disability attorney to ask the questions.

If your Social Security Disability lawyer is responsible for asking the questions this is good news for you. Hopefully, prior to the hearing, you have met or spoken with your SSD lawyer and discussed the rules and procedures for the disability hearing. You Social Security Disability lawyer should also review all possible questions with you, specifically the questions which are asked at every Social Security Disability hearing.

Questions which will always be asked, either by the attending Administration Law Judge or your Social Security Disability lawyer, include:

  • What is your full legal name?
  • What is your social security number?
  • What is your mailing address?
  • How tall are? How much do you weigh?
  • What is you highest level of education?
  • Have you received any vocational or educational training after high school?

The Administrative Law Judge will also need to know if you meet the most basic criteria for disability benefits which include the inability to work at a substantial gainful level. Questions which will generally be asked about your ability to work can include:

  • Are you currently working?
  • If so, how many hours per week and how much do you make per month?
  • Have you had any unsuccessful work attempts?
  • If you had unsuccessful work attempts how long did you attempt to work and why did you finally have to leave your job?

The Administrative Law Judge does not have a specific amount of time to render their disability decision in fact, they may take as long as they “deem necessary”. They are encouraged to make the Social Security Disability decision as soon as possible, but it could still take six to 12 weeks due to the backlog at many Social Security Disability hearing offices across the United States.

The good news is that many Administrative Law Judges can make a disability decision right away because they do not have to wait months to receive medical documentation (unlike the Disability Determinations Office), and the medical development of the case and evidence for the claim have already be gathered and evaluated.

If you are scheduled to attend a Social Security Disability hearing, it is important to contact a Social Security Disability lawyer as soon as possible. Some Administrative Law Judges will not hear a case if a claimant is not represented either by legal counsel or by a non-attorney representative who understands the Social Security Disability hearing process and can argue the Social Security Disability claimant’s case.

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How much does a Social Security Disability Lawyer make?

Wednesday, December 15th, 2010

Social Security Disability lawyer’s salary will vary based on the number of Social Security Disability cases they handle each year. Some Social Security Disability attorneys can make a substantial amount of money, but what you are most likely interested in is how much money you will have to pay them to accept and win your Social Security Disability case.

It is important to understand that Social Security Disability lawyers work on a contingency fee basis and will not be paid by their clients unless they win the case. Most Social Security Disability lawyers will not take Social Security Disability cases they do not think they have a chance to win.

The Federal government has capped the amount of money that the disability lawyer can win and periodically updates this amount. In 2010 the maximum allowed is 25% of a Social Security Disability claimant’s back pay or a maximum of $6,000 per case. Do all disability claimants have back pay? Most disability claimants will have a certain amount of back pay due to the length of time it takes the Social Security Administration to process Social Security Disability claims.

The fee charged by the Social Security Disability lawyer may not be the only costs for accepting a disability claim. There may be additional “processing fees” which can include any out of pocket expenses the disability attorney incurs. One of the most common expenses is for requesting medical records for the claimant. Almost all medical sources will charge for reprinting a claimant’s medical records. This cost may be incurred by the attorney who will try to recoup it from their disability claimant. Disability lawyers may also charge their clients costs to travel to and from the Social Security Disability Administrative hearing. If you are unsure about what a Social Security Disability lawyer may charge it is important to finalize these details before signing the fee agreement.

Before deciding whether or not to hire a Social Security Disability lawyer you need to consider not only the cost of hiring them, but also what benefit a Social Security Disability attorney may offer. The real question is not cost, but can you win your Social Security Disability claim without hiring an attorney.

The Social Security Disability process can take a long time, and the Social Security Administration will need detailed medical information from you. Most claimants are denied at both the initial application level and the Reconsideration level which means they eventually will have to attend a disability hearing and plead their case to an Administrative Law Judge. Are you ready to plead your claim? Do you understand the Social Security Disability hearing procedures? Have you reviewed your medical records? Are you sure your medical records provide evidence that you are unable to perform substantial gainful activity?

If you have answered ‘no’ to any of these questions, you are not ready to argue your Social Security Disability claim before an Administrative Law Judge. It is time to contact a Social Security Disability lawyer for help.

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Can you speed up a Social Security Disability Hearing Decision?

Monday, November 15th, 2010

If you want to have the request for your Social Security Disability hearing expedited there may be a few things you can do such as request a congressional inquiry from a senator or congressman – which only a few claimants will successfully be able to do- or prove you are in “dire need” for an expedited hearing. The bottom line is most Social Security Disability claimants will be unable to speed up their Social Security Disability hearing because there are thousands of Social Security Disability hearings which have been requested, and there are a limited number of Administrative Law Judges available to hear the cases.

So if you can not speed up a Social Security Disability hearing, is there anything you can do to expedite the processing of your Social Security Disability claim? Thankfully, there are many things you can do to help the Social Security Administration process your claim or award you Social Security Disability benefits as soon as possible, at the lowest level possible.

  1. Respond to all requests from the Social Security Administration as soon as you receive them. Failure to respond to calls or letters extends the amount of time needed to process your SSD claim. Continued failure to answer the Social Security Administration’s requests for information may result in the dismissal of your Social Security Disability claim for failure to cooperate.
  2. Attend all Social Security Disability consultative exams. Reschedule an exam as soon as possible if you are unable to attend.
  3. File all Social Security Appeals as soon as you receive your Social Security Disability denial letter. Claimants have 60 days to appeal denial decisions, but if you wait the full 60 days every time you are denied, you can substantially delay the processing time.
  4. If the Administrative Law Judge has ordered a Social Security Disability file left open because they lack medical records, you can expedite the process by going and physically getting the medical records from the appropriate medical sources. This may or may not be practical, depending on the situation, but regardless, be involved and proactive with your Social Security Disability claim.
  5. Get consistent medical care from your doctor and ask him to provide documentation about how your mental or physical health condition limits your ability to work. If you have the right documentation, prior to applying for Social Security Disability, you may be able to avoid a consultative exam.
  6. Hire a Social Security Disability lawyer. Disability lawyers or non-attorney representatives understand the Social Security Disability process. A large attorney’s office may process hundreds of disability claims each year. A Social Security Disability lawyer can help you avoid common mistakes and help you complete the appropriate tasks right the first time.

Why does it take so long to get a disability decision? There are a lot of reasons including: inefficiencies in the Social Security processes, the large number or claimants who apply for disability benefits and the lack of Social Security Administration workers available to process Social Security Disability claims. Gathering medical records is one of the greatest challenges for the Social Security Administration. If you can proactively ensure the disability examiner has everything they need to make a disability decision for your claim, you can substantially decrease the time it will take to make a disability decision.

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Is winning disability quickly from Social Security really possible?

Thursday, October 7th, 2010

Is winning Social Security Disability benefits quickly from the Social Security Administration really possible? Yes, for some people the process can take as little as thirty-days. Claimants who have a condition which will likely result in death or meets one of the Social Security Impairment Listings have the highest chance of having their Social Security Disability benefits approved at the application level.

The Social Security Administration has created the Impairment Listings to identify 14 areas of disability. Claimants, who have a disability that equals a listing or is found to be as severe as a listing, may receive Supplemental Security Income or Social Security Disability Insurance immediately based on that medical conclusion alone. Claimants who do not have a condition which meets or equals a listing will have their Social Security Disability case reviewed more extensively by the disability examiner.

Unfortunately, most Social Security Disability cases do not meet or equal a listing and the examiner must consider other factors such as whether or not the claimant can perform their old job or any other job given their age,  education, work experience and residual functional capacity (RFC). Medical vocational guidelines have been created by the Social Security Administration and the medical examiner can use these guidelines to help make their decision.

So why does it takes so long to win Social Security Disability benefits? Claimants whose condition is not listed in the SSA Impairment Listing and do not meet the medical vocational guidelines will have their claim denied. Claimants who wish to pursue Social Security Disability benefits must appeal the denial within 60 days from the date of the denial letter. The first step in Social Security Disability appeal’s denial process is the reconsideration phase.

Reconsiderations are approved 20% of the time and may take 30 to 60 days to process. Unfortunately, the 80% of claimants who are denied Social Security Disability benefits at the reconsideration level will have to appeal their denial and request a Social Security Disability hearing. The time frame to get a hearing date will vary depending on where a claimant lives. In some parts of the country it may take a few months while in other locations it could take one to two years to get a hearing date with an Administrative Law Judge.

You have waited for the initial decision, fought through the reconsideration and presented a solid case before the Administrative Law Judge at your Social Security Disability Hearing. The wait is over right? Unfortunately, it may take several more months for the Administrative Law Judge to submit their decision for the claimant’s case.

The good news for most claimants who pursue their claim and appear before the Administrative Law Judge is they have a good chance of receiving Social Security Disability benefits, especially if they are represented by competent legal counsel. Unlike the medical examiner who relies on the medical records, the List of Impairments and a vocational grid to make their decision of disability, the Administrative Law Judge can make a subjective decision after meeting with the claimant, asking the claimant questions about their limitations and conditions and studying their medical records.

Is it possible to win Social Security Disability benefits quickly? For the majority of claimants the answer is no. But with a little persistence, a great Social Security Disability lawyer and strong medical evidence most claimants do eventually get the Social Security Disability benefits they deserve.

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What Happens After You Are Turned Down By Social Security?

Wednesday, October 6th, 2010

If you have been denied either Social Security Disability Insurance or Supplemental Security Income you must decide if you would like to appeal the Social Security Disability denial decision. The first step in the Social Security Disability appeal’s process, in most states, is the reconsideration. Claimants have sixty-days from the date of the Social Security Disability denial letter to file their Social Security Disability reconsideration paperwork. Claimants may file their reconsiderations online or pick up the paperwork at the nearest Social Security Disability office.

The Social Security Disability reconsideration is another review of your medical records and work activities from a disability examiner who was not involved in the initial denial. The disability examiner will use the same criteria and disability rules to evaluate the claimant’s Social Security Disability claim. Consequently, up to 80% of Social Security Disability reconsiderations are denied a second time. If a claimant is denied a second time at the Social Security Disability reconsideration level it is important to discuss your Social Security Disability case with a Social Security Disability lawyer. Social Security Disability lawyers can help claimants evaluate their Social Security Disability claim and file a request for a Social Security Disability hearing in front of an Administrative Law Judge.

Social Security Disability hearings must be requested within 60 days from the date of the reconsideration denial letter. Claimants who do not file their request for their Social Security Disability hearing prior to the deadline will have to file a new Social Security Disability application and start the process again. Request for Social Security Disability hearings are sent from the Social Security Administration Office to the Social Security Hearing Office. The Social Security Hearing Office will schedule the claimant’s Social Security Disability hearing before the Administrative Law Judge.

Scheduling a claimant’s Social Security Disability hearing can take months or even years. The time it takes to schedule the hearing can vary based on the case load at the court where the hearing is scheduled. Administrative Law Judge’s decisions, however, are not necessarily scrutinized as closely as other disability examiners, and they are able to meet the claimant in person, ask questions about the claimant’s disabilities and thoroughly review the claimant’s disability case prior to making their decision. As a result, claimants who make it to the Social Security Disability Hearing level will have a greater chance of receiving Social Security Disability benefits than they did at the Social Security Disability reconsideration level.

What can a claimant do to increase their chances of winning Social Security Disability benefits? Claimants who have waited years for Social Security Disability benefits should discuss their case with a Social Security Disability attorney. Statistically, a claimant’s chances of receiving Social Security Disability benefits at the hearing level increases if they have legal representation. Social Security Disability lawyers understand the legal procedures of the hearing, can gather current medical information about the client’s mental and physical health conditions, answer the claimant’s questions and prep the claimant for their appearance in court. A Social Security Disability lawyer will develop a claimant’s case and present evidence in an unemotional and objective manner to prove the claimant is unable to work, something which may be difficult for a claimant to do.

The Social Security Disability hearing will be scheduled within a few miles from the claimant’s residence. Notice for the Hearing will be sent at least 20 days before the Social Security Disability hearing date. Claimants who wish to hire a Social Security Disability lawyer should contact a lawyer prior to requesting the hearing. Waiting until you receive the hearing notice will not give a Social Security Disability lawyer enough time to gather relevant medical records and prepare the Social Security Disability case.  The claimant’s legal representative will be given the claimants Social Security file and any medical information which has recently been collected.

Decisions for the Social Security Disability hearings are sent to the claimant. If the claimant is awarded Social Security Disability benefits the letter will detail the date the payments will begin and the amount the claimant is eligible to receive.

If Social Security Disability benefits are denied at the hearing level the claimant may appeal their denial decision with the Social Security Appeals’ Council. The Appeals’ Council may review the claim and make a decision about whether they are willing to hearing the claimant’s claim or whether they will send it instead to another Administrative Law Judge for a second review. The Appeals’ Council is the last step in the Social Security Disability appeal’s process. Unfavorable opinions at the Appeals’ Council level may be challenged in United States Federal Court.

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Social Security Notice of Denial and What this Means for You

Monday, September 27th, 2010

Social Security Disability benefits are denied for a variety of reasons. If you have been denied either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits it could mean you may have failed to meet the nonmedical conditions and you have insufficient work credits for SSDI or you have too many resources or income to qualify for Supplemental Security Income. Social Security Disability benefits are also denied for medical reasons which means the Social Security Administration has determined either your condition or illness does not meet the Social Security Administration’s definition of “disabled”, or you did not have sufficient medical evidence to prove you were disabled.

Countless Social Security Disability claims are denied each year and many of those claims are legitimate. Some claimants have had success winning Social Security Disability Insurance or Supplemental Security Income by contacting a Social Security Disability attorney to review their SSDI or SSI claim and file a Social Security Disability appeal.

What a Denial Means For You?

So you have filled out the Social Security Disability application, sent it to the Social Security Administration and patiently waited months for the decision. Now you are staring at a denial. You may be frustrated, sick and angry. What does this denial mean for you? Does it mean you will never get Social Security Disability benefits? What is the next step?

The good and bad news is you are not alone. Over 75% of first time SSD applications are denied. As mentioned before, many of these claims are legitimate, and the claimants will eventually be awarded benefits. If you are staring at a denial letter, if you are disabled with a mental or physical health condition that keeps you from employment and is expected to last for at least 12 months, it is time to file your Social Security Disability appeal.

Many claimants never file a Social Security Disability appeal and simply keep refilling for benefits over and over again. This may seem like a simpler solution but unfortunately this decision generally renders the same decision. New Social Security Disability applications are reviewed by the Disability Determination Services office (DDS). DDS examiners are responsible for analyzing each Social Security Disability application and making a medical determination about each claimant’s case. The DDS examiners have very strict, formalized criteria which they use for this review, and although your second application probably will not be reviewed by the same examiner, in most cases, the second examiner will make the same decision.

Filing a Social Security Disability Appeal

Filing a Social Security Disability appeal is often the best course of action for most claimants because it allows the claimant an opportunity to eventually present their SSD case to an Administrative Law Judge. Administrative Hearings are generally the third step in the Social Security Appeals process, and they allow claimants a chance to meet the decision maker face to face, offer medical evidence and present witnesses for their case. Judges are not bogged down by strict guidelines and oversight, and statistically, claimants have a forty-percent chance of winning their Social Security Disability benefits in an Administrative hearing even if they choose to fight for benefits without the help of a Social Security Disability Attorney. Claimants who choose to hire a Social Security Disability attorney have an even higher chance of winning Social Security Disability benefits.

How can a SSD lawyer help? Lawyers can gather recent medical evidence, present information about your residual functional capacity for working and question the vocational and medical experts.

Don’t keep applying over and over again for Social Security Disability benefits, remaining in an endless cycle of repetitive denials. Talk to a Social Security Disability lawyer about what type of evidence you need to win your Social Security Disability claim.

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Disability Decision

Wednesday, September 15th, 2010

If you have applied for Social Security Disability Insurance or Supplemental Security Income, chances are you have been sick for several months, unable to work and may be facing financial hardships. You may have expected to receive your benefits immediately and did not realize most claimants wait months or even years to receive their Social Security Disability benefits. Claimants who file their Social Security Disability applications and receive SSD benefits immediately are, unfortunately, the exception.

All dates for disability decisions provided by the Social Security Administration are simply estimates. The Social Security Administration does have a legal obligation to meet any of their outlined decision dates. Why the delay in decision making? This is a great question, and there are several legitimate reasons:

·         Disability examiners who are reviewing Social Security Disability applications may have to wait months to receive all of your medical records which they must have to make a determination of disability for your Social Security Disability claim. Claimants who have not seen a doctor recently will likely have to be examined by a consultative examiner to prove they are still disabled. Getting consultative examinations scheduled, getting the results back to the examiner and having the examiner review the results all takes time. Why do the disability examiners care about the consultative examinations? These exams are frequently needed to provide the DDS examiner with more definitive information about a claimant’s disabling health condition and allow them to finalize their disability decision and close a claimant’s SSD case.

·         The number of Social Security Disability applications filed each year has substantially grown, and there are simply not enough disability examiners to review the claims quickly.

·         Claimants fail to provide complete information about their medical history, work history or other relevant personal data, and the Social Security Administration must spend valuable time researching and requesting any missing information.

·         Claimants who are denied Social Security Disability benefits and delay requesting any of their Social Security Disability appeals can also substantially add to their wait time. Claimants have 60 days to request, not only the reconsideration, but also the administrative hearing. Waiting the full 60 days to make the appeals can delay the claimant from receiving benefits for up to 4 months.

·         Most claimants who have appealed their Social Security Disability decision will wait the most time for their hearing to be scheduled with an Administrative Law Judge. The amount of time can vary greatly depending on where the claimant lives. Some claimant’s Social Security Disability hearings are scheduled immediately; others wait up to two years to have their hearings scheduled.

Expediting the Disability Decision

Can the claimant do anything to expedite their Social Security Disability decision? Yes, claimants can gather medical records for the disability examiner and their Social Security Disability lawyer, or at the very least, make sure the examiner gets all of the medical records they have in their possession. Claimants can provide accurate and detailed information on their Social Security Disability application. Claimants can return phone calls and answer letters as quickly as possible and finally, claimants can file all Social Security Disability appeals as soon as the denial letters are received.

Hiring a Social Security Disability lawyer may also help claimants get approved for Social Security Disability. Evidence has shown that hiring a Social Security Disability lawyer can increase a claimant’s chances for approval at every stage of the Social Security Disability process.

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What If I Lose My Social Security Disability Case?

Tuesday, August 3rd, 2010

The majority of Social Security Disability requests are denied at the initial application phase. The Social Security Administration will notify the claimant if they have been denied and explain the process to appeal the decision. Appeals may be done within 60 days from the date the Social Security Disability denial letter has been received by the claimant. Under very limited conditions the Social Security Administration may allow an extension to file the Social Security Disability appeal.

Social Security Disability appeals may be completed online or the claimant may visit the nearest Social Security office. For more information about the SSD appeal’s process it is a good idea to contact a Social Security Disability attorney. The Social Security Administration also provides additional information on their website and claimants may also contact the Social Security Administration toll-free at 1-800-772-1213, 7 a.m. to 7 p.m. Monday through Friday. People who are deaf or hard of hearing may call the Social Security Administration’s toll-free TTY number, 1-800-325-0778.

The Social Security Disability process is comprised (for most SSD claimants) of four levels, each level requiring the claimant, if they are denied, to complete the appropriate forms to move to the next level. Some states skip the reconsideration phase which means that claimants who are denied at the Social Security Disability application level and appeal the denial will move directly to the hearing level.

  • Reconsideration – Most claimants who appeal the initial denial can request Reconsideration. Under Reconsideration the claimant’s Social Security Disability application will be completely reviewed by another person who was not involved in the first Social Security Disability application denial. All original medical evidence and any new submitted information will be considered to render a new decision. Up to 80% of Reconsiderations are denied. Claimants who wish to pursue their Social Security Disability claim after a denial at the Reconsideration level may file a request for a Social Security Disability Heatin
  • Social Security Disability Hearing - Claimants who have been denied at the Reconsideration level may request a hearing before a Social Security Disability Administrative Law Judge (ALJ). Claimants generally hire a Social Security Disability lawyer to act as their representative and argue their Social Security Disability case at their hearing. The ALJ reviews all the medical information which the Social Security Administration (SSA) has gathered and any additional information the SSD attorney presents at the case and makes their decision. Claimants can review the (Form HA-520-U5) Request for Review of Decision/Order of Administrative Law Judge which can be downloaded from the SSA website to appeal an Administrative Law Judge’s decision.
  • Appeals Council - Claimants denied at the hearing level may appeal their SSD denial and request a review by the Appeals Council. The Appeals Council reviews the Social Security Disability claim and can either 1)make their own decision 2) remand the Social Security Disability case back to the Administrative Law Judge for additional review 3) allow the Administrative Law Judge’s decision to remain in affect. The Appeals Council will send the information about their action to the claimant.
  • Federal court review - Claimants who do not agree with the decision of the Appeals Council may file a civil lawsuit in the Federal District Court.

Hiring a Social Security Disability Lawyer

Most Social Security Disability applications are denied at the initial application level. 80% of Reconsiderations are denied. Hiring a Social Security Disability lawyer is one of the best ways to increase your chances for receiving Social Security Disability benefits. Social Security Disability attorneys can review your initial application, gather medical records and present your Social Security Disability case before the Administrative Law Judge.

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What is A Disabling Health Condition?

Thursday, July 29th, 2010

The Social Security Administration may consider any health condition to be disabling if it is expected to last at least 12 months or more or may result in the individual’s death. The mental or physical health condition also must be so severe that it prevents an individual from performing “substantial gainful activity” which the Social Security Administration considers as making more than $1,000 per month in 2010 or working a regular 40 hour per week work schedule (or the equivalent work schedule).

While any condition which severely limits a claimant to the extent that they can not perform any job at a level to be considered gainful and substantial can be considered disabling, the Social Security Administration does have standards which are referred to as The Listing of Impairments which they use to evaluate a claimant’s disabling health condition.

The Listing of Impairments specifically describes common medical conditions the Social Security Administration automatically considers disabling. Claimants who “meet the listing” or have a condition which is specifically outlined in the Listing of Impairments (with the same limitations and symptoms) will frequently receive Social Security Disability Insurance or Supplemental Security Income benefits at the initial application level. If an applicant does not meet a listing the Social Security Administration evaluates the severity of the condition, if the physical or medical health condition limits the individual’s ability to work and if the condition leaves any residual functional capacity (RFC) for the claimant to continue working.

Residual functional capacity or RFC is the amount of activity an individual can perform in spite of their physical or mental health conditions. Standard physical residual functional capacity can include the claimant’s ability to stand, walk, sit, lift, bend or stoop. Mental residual functional capacity can include the claimant’s ability to work well with others, follow directions, get along with co-workers, attend work and maintain standards of cleanliness, pace and concentration.

After the Social Security Disability examiner determines the claimant’s RFC or residual functional capacity they can determine if the claimant can work full-time at any job they have had previously (examiners generally evaluate the claimant’s last 15 years of employment), and if not, if they can be retrained to work in a new job. A claimant’s ability to retrain for a new job is based not only on their RFC but also other factors such as their age, work experience and their educational level. The Social Security Administration may determine a claimant has a disabling health condition if they can not perform any past jobs or their residual functional capacity is so limiting they can not be retrained for any new type of work.

Medical records, doctor’s statements, physical and mental assessments and other documentation may be used by the Social Security Administration to evaluate a claimant’s residual functional capacity. Impairments by themselves may not be completely disabling, but the Social Security Administration will evaluate the combined effects of all listed health conditions when considering a claimant’s RFC.

It is not unusual for claimants to ultimately receive Social Security Disability benefits because both the mental and physical conditions, when considered together, leave the claimant with very little residual functional capacity. Unfortunately, given the subjection nature of evaluating Social Security Disability claims which do not meet a listing, many claims are not awarded benefits until the Hearing level when the Administrative Law Judge is able to truly evaluate the claimant in person and offer a more subjective conclusion of their ability to continue to work.

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