Have you ever wondered what happens in a Social Security disability hearing involving the claim of a disability applicant afflicted with bi-polar disorder. Attorney Jonathan Ginsberg has shared a case study from a recent hearing he tried involving a 43 year old male with a long time diagnosis of bi-polar disorder who applied for benefits and appeared at a hearing before an administrative law judge.
This claimant had a long, consistent work history in the food service industry but was incarcerated for 3 years because of drug possession with intent to distribute. While in prison, the claimant’s medicines were changed and his functioning deteriorated. Upon his relief, the claimant attempted to return to work but was unable to do so because of memory issues, a reduced capacity to perform at a workmanlike pace and because of periods of fatigue and manic activity.
Although this claimant had been sober for over five years, the judge had to consider whether substance abuse was a material contributing factor to the claimed disability – if it was a material factor, benefits would be denied.
Jonathan explains exactly what happened at this hearing and includes a word for word transcription of the judge’s questions to the vocational witness.