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IL disability attorneyA Social Security disability hearing is not a criminal trial. The role of the Social Security administrative law judge (ALJ) is not to assess your honesty, character, or credibility as a person. The ALJ's responsibility is to assess the medical evidence presented and make a fact-based determination as to whether or not you meet the listed requirements for disability benefits.

Federal Court Criticizes Social Security ALJ for Relying “Too Heavily” on Judgments About Applicant's Character

Although Social Security's own regulations instruct ALJs to avoid making statements regarding a disability applicant's “overall character or truthfulness,” this principle is not always followed in practice. When that happens, a federal court may decide an unsuccessful applicant is entitled to a new hearing.

To give a recent example, in a June 2020 decision, Dawn K. v. Saul, an Illinois federal magistrate judge found an ALJ relied “too heavily on character-doubting inconsistencies” in denying the plaintiff's application for disability benefits. The plaintiff is a woman in her mid-40s who applied for disability more than four years ago based on a number of impairments, notably problems with her right arm.

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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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Chicago disability benefits attorneySocial Security Disability insurance benefits are not necessarily permanent. Social Security may review and revoke disability benefits if it later determines that an individual is capable of working. This does not necessarily mean the individual no longer suffers from a disability, only that Social Security now has reason to believe that he or she can hold down a meaningful job in some capacity.

Court Upholds Decision to End Benefits for Illinois Man With Learning Disability

In one recent case, the Chicago-based U.S. Seventh Circuit Court of Appeals upheld Social Security’s decision to terminate the disability benefits the plaintiff—a man in his late 40s who suffers from a severe learning disability. Social Security initially determined the plaintiff was disabled and unable to work in 1993. But in 2004, the agency reviewed the man’s case and determined “his disability had ended.”

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