I had my SSI hearing a few days ago. The judge asked the vocational expert a hypothetical question and he responded there would be few unskilled jobs I could do. The judge then followed up his hypothetical question saying that I would go off task at least 33% of the time, to which the vocational expert responded would make me unemployable. My hearing ended just a few minutes after that, with pending for missing medical records from my therapist. My lawyer didn’t really go over anything except to say I “did exactly as [I] should have.” I’m just wondering if the judge asking a second hypothetical question means that I probably lost?
It's not the second hypothetical question that's the issue it's the first. All depends on which hypothetical the judge goes with. Ultimately your lawyer is in a far better position to answer your questions than anyone else since they were in the room with you and know the specifics of your case.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
You should direct this question to your lawyer. Based upon what you have stated above, the answer to the second hypothetical question would not have meant that you lost your case at hearing since the vocational expert stated that the hypothetical person would be unemployable. The ALJ can also determine that he does not believe that you would be off task 33% of the time and go with the unskilled jobs that the vocational expert identified.
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