I recently appeared at my 3rd ALJ hearing through video conference. A ME testified at my 2nd hearing and opined I met a listing at step 3, but because of an ongoing AOD issue, he only agreed I became disabled at a much later date (he was not given access to my FULL medical record). Once again, the AC remanded my claim (for the 2nd time) with instructions for the judge to clarify my onset date. I received a new judge, and he declared at the beginning of the hearing that we will need to contact a ME because he (the judge) can't make a decision without proper interpretation of my impairment. Based upon the previous AC remand, why didn't they have a ME scheduled to testify this time? I wasted 5 months for this 3rd hearing just to be told that a ME will need to get involved.
Wow. You've really been dragged along by Social Security. I am sorry to hear of these difficulties, and all while you are unable to work and earn an income! I am a little bit surprised that your new judge didn't already have an ME ready to go at your hearing. Generally if a judge thinks an ME is necessary, he or she will line one up to testify at the hearing. Your judge may have had a good reason for doing things this way, but is hard to guess what his intentions were.
The process for paper interrogatories: The judge sends his interrogatories to the medical expert. The medical expert then responds, in writing, to those interrogatories and sends those answers to the judge. The judge then sends the ME's answers onto your attorney, along with a copy of the ME"s resume to prove that the ME is qualified to be an expert. Your attorney will get ten days (normally) to respond to the interrogatories and ask any additional interrogatories he may want to pose, which he submits to the judge. The judge reviews them and assuming he accepts your attorney's interrogatories the judge will then send on to the ME. Again, the ME answers the interrogatories in writing and send them back to the judge. The judge then sends the responses to your lawyer again. As you can see, paper interrogatories are not very efficient because things get mailed back and forth through snail mail and your lawyer always has to be given the opportunity to respond.
Opinions vary on the best way to get expert testimony in a disability claim. Most judges I know prefer to have the expert present at the hearing. I suspect the primary reason for this is judicial efficiency. As an attorney, I can state clearly that I like having the expert live at the hearing because I can see how the judge reacts to the expert's testimony. Plus, I like knowing a case is done when I leave a hearing - no loose ends. Having said that, I do sometimes feel that having to do paper interrogatories after a hearing provides me a little more time to do research and really think about my questions, as well as my responses to the expert's answers to the judge's questions. That is not a luxury you have at a hearing where the judge is trying to get you in and out of there within 45 minutes.
Lastly, and I know this has been a long response, let me just say that you should try to contact your attorney with your concerns. I understand he may not have had much time to talk to you after your hearing, but I would hope that he remains available to you post hearing as well. Your concerns are valid and completely understandable. You've been waiting a VERY long time for this process to be completed.
I wish you all the best and truly do hope you are successful in convincing the judge not only of your disabled status, but also of your earlier onset date.
Gerald Gregory LutkenhausWorkers' Compensation LawyerRichmond, VA ·
Written Interrogatories or questions to the Medical Advisor could be used by the Social Security a Judge to specify your disability or onset date. The Judge could ask the doctor?
1. What are your impairments?
2. Do any of these impairments meet a listing?
3. When did the impairments meet a listing?
4. If the impairments do not meet or equal a listing what residual functional status would they give you?
The above is an example of some of the questions that could be asked. Your advocate would be given the opportunity to ask his/her own questions to the doctor on your behalf.
