Social Security Hearings

Attorneys in Las Vegas: Social Security Hearings

Experienced Counsel to Help You Recover Disability Benefits

When you have a hearing on an appeal of the denial of Social Security benefits, you don't want to just go in and hope for the best. To qualify for benefits, you must meet the legal standard. You want a lawyer who understands the legal standards, and can use those legal standards to convince the judge that you have met the legal standard.

The Five-step Sequential Evaluation

"The Social Security Regulations establish a five-step sequential evaluation process for determining whether a claimant is disabled. See 20 C.F.R. § 404.1520. A claimant must be found disabled if she proves: (1) that she is not presently engaged in a substantial gainful activity; (2) that her disability is severe, and (3) that her impairment meets or equals one of the specific impairments described in the regulations.' Thomas v. Barnhart, 278 F.3d 947, 955 (9th Cir. 2002). If the impairment does not meet or equal one of the specific impairments described in the regulations, the claimant can still establish a prima facie case of disability by proving at step four that 'in addition to the first two requirements, . . . she is not able to perform any work that she has done in the past.' Id. Once the claimant establishes a prima facie case, the burden of proof shifts to the agency at step five to demonstrate that 'the claimant can perform a significant number of other jobs in the national economy.' Id. This step-five determination is made on the basis of four factors: the claimant's residual functional capacity, age, work experience and education."

Hoopai v. Astrue, No. 05-16128 (9th Cir. 08/27/2007)

The Listing of Impairments

As part of the regulations, the Government publishes a detailed list of various impairments that a claimant might have. These are found at Social Security Online.

These listings can be complicated and include both medical terminology and legal terminology with precise definitions. However, under the five-step sequential evaluation, a claimant may still be able to obtain benefits, even if the claimant's condition does not precisely match the criteria in the listings.

At the law offices of Posin & Posin, in Las Vegas, we have over 19 years of experience helping individuals recover the benefits due to them under Social Security, even after they have been denied. Contact our offices to schedule a free initial consultation.

Posin & Posin
601 S. Tenth Street, #100
Las Vegas, NV 89101-7072
Phone: (702) 382-2222

Map & Directions

At the law offices of Posin & Posin, in Las Vegas, we represent clients throughout Nevada, including Boulder City, Henderson and all of Clark County. We also represent clients throughout the nation including southern California, southern Utah and northern Arizona.

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