Failure to formulate a complete and detailed theory of the case, covering ALL FIVE steps of the sequential evaluation is the #1 reason that a Social Security disability claim may be lost at a hearing or court appeal, according to Atlanta disability attorney Charles Martin.
Mr. Martin wrote a very helpful set of practice tips, entitled Ten Common Reasons a Hearing or Court Appeal May Be Lost, that appeared in the January 2009 Social Security Forum. And I completely agree with his #1 reason.
You gotta have a theory of the case. If you can't articulate why each step of the sequential evaluation should lead to a finding of "disabled," you can't really expect the ALJ to reach a different conclusion at the hearing. The most important task for a disability lawyer is to develop a winning theory for the claim, and one reason to write a hearing memorandum is to test drive your theory of the case.
As Mr. Martin says, make sure your theory of the case covers all five steps of the sequential evaluation.
Comments