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IL disability attorneyA key part of any Social Security disability hearing occurs when an administrative law judge (ALJ) poses one or more “hypothetical questions” to a vocational expert. These questions are designed to help the ALJ determine what kind of jobs the applicant for disability benefits may still be able to perform in spite of their physical or mental impairments. The applicant has the right to cross-examine the VE regarding these hypothetical questions, as well as ask the ALJ to incorporate certain information when formulating the questions in the first place.

Seventh Circuit Rejects Disability Applicant's Appeal of Fourth Social Security Denial

But the mere fact an applicant disagrees with the ALJ's hypothetical question does not, in and of itself, mean the question was invalid. A recent decision from the U.S. Seventh Circuit Court of Appeals here in Chicago, Saunders v. Saul, offers a helpful illustration of this point.

In this case, a Wisconsin man applied for Social Security disability benefits in 2005. Over the intervening 14 years, there have been at least four separate hearings on the plaintiff's application, all of which ended with an ALJ ruling he did not qualify as legally disabled.

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Illinois social security disability lawyer debtsMany Illinois residents are understandably reluctant to hire an attorney to represent them when applying for Social Security disability benefits, because they simply cannot afford to pay a lawyer–especially when they are already unable to work and have limited financial resources. This is why a qualified disability lawyer works on a contingency basis. In other words, the lawyer only accepts payment if they obtain a disability award for the client.

Federal law also requires Social Security to pay applicants’ attorney’s fees in certain cases. Specifically, the Equal Access to Justice Act (EAJA) provides that when an applicant prevails in litigation against the Social Security Administration–and the government's position was not “substantially justified”–then a judge may order an award of attorney's fees to the successful applicant. However, an EAJA award is payable directly to the disability applicant rather than his or her attorney.

Seventh Circuit Upholds Using Attorney Fee Award to "Offset” Poor Disability Recipients' Debts

The distinction of whom the award is paid to is critical, because there are cases where the federal government can use money awarded for attorney’s fees to “offset” debts owed by the applicant for matters unrelated to their Social Security case. For example, if an applicant is behind on their student loans or child support payments, the U.S. Treasury can use a disability-related award of attorney’s fees to pay off those debts without the applicant’s consent.

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medical evidence, Social Security disability decisions, Chicago Social Security disability lawyer, disability benefits, disability claimsSocial Security disability decisions are supposed to be based on medical evidence. However, far too often, Social Security officials ignore this evidence in favor of their own preconceived biases towards a disability applicant, especially those suffering from chronic pain. Even worse, officials may try to manipulate the testimony of medical experts to justify their erroneous conclusions.

Court Says Social Security Cannot “Delegate” Credibility Findings to Consulting Doctors

The U.S. Seventh Circuit Court of Appeals in Chicago recently expressed its exasperation with the Social Security Administration over such practices. The context was a decision to deny disability benefits to a man suffering from congenital spinal stenosis and other serious medical impairments. At a hearing before a Social Security administrative law judge (ALJ), the applicant presented substantial medical evidence documenting his condition. In brief, the applicant suffers from chronic pain as the result of a degenerative back problem, which has not improved despite undergoing surgery.

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