March 30, 2009

Will I Win if the Judge Does Not Use a Vocational Witness or Medical Expert?

what are your chances of winning a case at a hearing when there is no voc rehab guy or medical specialist to assist the alj in a decision.
–Lamont

My response: Lamont, I think that yes you can win if the judge does not use a VE or an ME.   Here is how I would analyze:

First, what is the custom in your hearing office?  In Atlanta, where I practice, all but one or two judges regularly use vocational expert witnesses.  There are a couple of judges who almost never use them.   If a judge who always uses a VE hears a case without VE testimony, it most likely means that the issue is fairly clear cut one way or the other.

In the Atlanta hearing offices, judges rarely use medical experts – in my practice I would estimate that ME's appear about 15% of the time.  The absence of an ME would be of less concern to me here in Atlanta.

I think you need to find out whether the absence of a VE or ME is unusual in your jurisdiction.   What does your lawyer say?

I also think that an unfavorable decision issued without the testimony of a VE and/or ME should be looked at carefully by an appellate specialist.  Since disability hinges on vocational capacity I am of the opinion that an unfavorable decision issued without VE testimony may give you an appeal angle.

Filed under Administrative Law Judges, Appeal issues, Disability hearings, Medical experts, Vocational Experts by

Comments on Will I Win if the Judge Does Not Use a Vocational Witness or Medical Expert?

June 15, 2009

britt @ 12:43 pm

I had my hearingon March 10,2009 in greensboro nc the ALJ was Judge Edward,,, there was no experts ve or med…i have cushings disease and obesity and depression anxiety…With no ve or n=med experts are my chances any good? I had an attorney, and still have received no descision as of today and it is now June 15,2009! Boy, what takes so long…?

August 12, 2009

Shaiann @ 8:53 pm

I have a question. I was wanting to know how can you find out how many administrative law judges in your area? Plus, what is the shortest and longest time to complete a disability case