If there is a medical expert (ME) at your hearing and you are unrepresented or the person representing you is someone you just met the day of the hearing you can ask the Judge for a delay in order to seek an attorney who has experience in cross examining the so called “medical expert”.
Often, upon review of the hearing transcript an ME’s appearance and testimony goes uncontested via an inexperienced representative especially in the case of non-attorneys and those “last minute” day of the hearing representatives.
Some basic tips regarding the appearance of the ME are the following:
1.) If the ME appears by telephone object to phone testimony. Would a doctor diagnose or review a patient over the phone without seeing that person?
2.) If no Notice of a ME appearance by phone, object.
3.) If no Notice of a ME appearance, object.
4.) If the ME is an internist and is testifying regarding an orthopaedic condition then object. This kind of objection holds true in a multitude of “speculations” a medical expert often makes at SSA hearings where he/she is not “qualified” to answer, etc.
The above objections should only be done by a experienced and licensed attorney. Sometimes if testimony of a doctor can be “foreseeable” then the objection may not be warranted. This is a decision only an experienced attorney can make.
Some of the above objections may hold true for Vocational Expert (VE) testimony. VE’s will testify about jobs and the ramifications of your restrictions on the ability to perform work.
The objections above are only a small sampling of objections and problems at your SSA hearing. The key factor is to obtain an experienced attorney you have met well prior to your hearing and an attorney who has gone over your testimony in depth with you before your hearing. For more information you can call us toll free at 1-855-418-9354 www.FloridaSocialSecurity.com.
