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Will I win my ssi appeal case? the vocational expert said I have no skills.

Pittsburgh, PA |
Filed under: Social security

I recently had my ssi appeal hearing on April 24 2013 the vocational expert said that I have no job skills and that there is no jobs suited for me in my area.does this mean i will get a favorable decision? I also admitted to the judge that i used to have a problem with drinking from 1994 until my clean date which was Jan.15 2007. will this go against me or will i get a favorable decision?

Attorney Answers 4

Posted

It sounds like you got a good shot based o nthis very brief explanation. More information is necessary like what is your disability, what are your restrictions, etc. Obviously, its good testimony when the vocational expert says you have no skills. However, the standard for SSI is whether you can do any job, not just jobs in your area. Are you sure he did not say "can't do any jobs." Dated alcohol issues don't seem to me germane as a typical matter.

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Posted

When a VE is on your side to this degree it can certainly be very helpful, so I would say you have a good shot at it. But you never know what a judge will do. Whether your drinking will be an issue really depends on the judge. No one can ever give you a promise that you will be successful because there are so many issues that the system looks at when determining whether you qualify. If you don't get SSI from this hearing, you definitely will want to check with an attorney for your appeal.

Good luck.

For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.

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Posted

If you were represented by an attorney, you should discuss this with her/him. Your attorney is in the best position to explain what went on in the hearing and answer your specific questions.

Concerning your case, as the other answers suggest, it is not possible to tell you if you will win or not. For example, when ALJ gave the vocational expert a list of hypothetical questions, the ALJ may have noted, "if I find that the medical evidence supports the following . . . " - that allows the ALJ to determine if the medical evidence that you provided supports the limitations that you described in the hearing. It is also important to know if the ALJ provided more than one set of hypothetical questions that resulted in the vocational expert's testimony.

If you are in need of an attorney, you can use the "Find a Lawyer" service above or visit www.nosscr.org.

I hope that this information was helpful to you and I wish you well.

Andrew W. Norfleet, Esquire Helping disabled individuals throughout Pennsylvania. awn@norlaflaw.com www.norlaflaw.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania and is personal in nature, not professional in nature. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality

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Posted

Maqybe. Judges usually ask a series of questions of VEs, some of which result in a statement by the VE that there are no jobs available, and others of which result ion some jobs being available. It is hard to tell since we were not there.

Talk to your attorney about the hearing. More important than the VE is the medical evidence that supports your claim.

Best of luck to you.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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