Some hearings require more effort than others, and today’s hearing before an Administrative Law Judge was one of them. It was a case where I really had to work as the claimant’s attorney to help him win the claim, but the effort paid off.
The Challenge: A Medical Expert Who “Missed” Key Evidence
The hearing was initially continued so that the Administrative Law Judge (ALJ) could obtain testimony from a medical expert (ME). This is usually not a good sign for claimants—MEs are often used to justify a denial. Sure enough, the ME initially took the position that while my client had numerous diagnoses, there were few objective medical findings to support them. He identified only a cervical spine problem as a medically determinable impairment (MDI), but opined that it wasn’t severe enough to meet or equal a listing or cause any functional limitations.
Then the ALJ turned to me and asked if I had any questions for the ME. I did.
Finding the Key Evidence
I drew the ME’s attention to a specific exhibit that contained an MRI of the cervical spine. This MRI provided clear, objective evidence of disc protrusion, abutment, effacement, and flattening of the ventral thecal sac—significant findings that the ME had completely overlooked.
The ME admitted that he had “missed” this note.
The ALJ immediately jumped in and asked if this new evidence changed the ME’s opinion. The ME reconsidered and admitted that the claimant did, in fact, have significant functional limitations. He initially thought he was assigning “light duty” work restrictions, but upon further discussion, it became clear that his evaluation actually supported a sedentary work restriction—an important distinction in Social Security disability cases.
The ME apologized for missing the record and actually thanked me for pointing it out.
Using the Grid Rules Strategically
At this point, I asked to go off the record to discuss strategy with my client. His alleged onset date (AOD) was June 29, 2017, and his date last insured (DLI) was March 31, 2023. The problem? His 50th birthday was just five months after his DLI—on September 22, 2023.
Why does this matter? Because turning 50 changes the way disability cases are evaluated under the medical-vocational guidelines (the “grid rules”). At age 50, claimants can more easily be found disabled if they are limited to sedentary work and have no transferable skills.
By changing the AOD to March 15, 2023, we were now within six months of his 50th birthday. This allowed us to argue that the ALJ should apply the grid rules non-mechanically, treating him as if he were 50 at the time of disability.
Sealing the Deal with Vocational Expert Testimony
To confirm this strategy, we took testimony from the vocational expert (VE). The VE agreed that the ME’s revised opinion effectively limited my client to sedentary work. This meant:
- No past relevant work could be performed.
- With a sedentary restriction, the grid rules applied.
The ALJ agreed with my analysis and approved the case but requested a post-hearing brief outlining the argument.
The Client’s Reaction
After the hearing, my client asked me how I knew to do all of this.
I simply replied, “20 years of experience.”
And that’s exactly why experience matters in disability hearings—because knowing the rules, spotting overlooked evidence, and applying the right legal strategy can make all the difference.
Need Help with Your Social Security Disability Claim?
Winning a Social Security disability case isn’t just about having a medical condition—it’s about presenting the right evidence, knowing the rules, and applying the right legal strategy. That’s where experience matters.
If you’re struggling with a denied claim or need help navigating the Social Security Disability Insurance (SSDI) process, we’re here to help. Whether you’re at the initial application stage, reconsideration, or preparing for a hearing, we can guide you through the process and fight for the benefits you deserve.
Contact us online or call (888) 321-8131 today for a free case evaluation. Let’s discuss your case and how we can help you win your claim.
