Originally Posted by russ1956x

Maybe Legalmania or anyone else can give an opinion. I am waiting for my 3rd hearing. My case started on 8/2/2004. My claim is for a herniated disk in my back, panic disorder, sleep apnea, hypertention, obesity. In my previous 2 hearings everything went well until we got to step 4 (RFC). The first hearing the VE said I was unable to perform any of my past relevant work. He added that there were "other" jobs that I could do with the RFC of "Sedentary", but could not be specific. The judge denied my case stating that there were jobs in the national economy that I could do. My attorney appealed to the Appeals Council and the case was remanded back to the same judge to be more specific regarding jobs that I could do. The second hearing the VE testified that there were no jobs in the national economy that I could do with my RFC of "Sedentary". By the way, I have working in the Accounts Payable field for the last 25 years working in an office behind a desk. When the VE was asked if there were "other" jobs that I could do, the VE replied "no" and added "with the added limitations, one being that I would need a sit/ stand option every 30 minutes, lift no more than 10 pounds, take a 15 minute break every 2 hours to lie down, he said that with those limitations he would not be able to do the job and he probably would be fired. The judge then without explanation asked the VE if my RFC was changed to "light", would there be jobs? His response was "yes" and cited a number of jobs. I was denied again by the ALJ when he changed my RFC from "Sedentary" to "light" and sited jobs that I could do. I am 55 years old now, and was 48 when I applied. If my RFC was not suddenly changed to "light" from "sedentary" according to the grid rules, I would have qualified for Disability at age 50 (approaching advanced age). My attorney appealed to the Appeals Council again, this time saying that the judge changed my RFC to "light" without any reason other than he did not get the answer we wanted from the VE when asked the hypothetical question. He gave no explanation for the change in his written denial. He changed it to "light" and therefore I would not qualify for disability under the grid rules. The Appeals Council agreed but did not reverse the decision but remanded it to a different ALJ for another hearing. It has been 12 months since the remand and my hearing is now coming up pretty soon. Now I get a letter that they are sending me to see 2 Social Security doctors (1 for my physical issues, and 1 for my mental issues). After the judge receives the reports from the doctors, my 3rd hearing will be scheduled. Now after all of this, my question, lol??? I just wanted an opinion possibly from Legalmania or anybody else what their opinion on all of this is. Should I be worried about the upcoming Social Security Doctor's exams? My attorney tells me that if my RFC is changed back to "Sedentary" I should be approved. I have written backing of all of my doctors that support the "sedentary" RFC. Again, all of the aspects of my case have been proven through step 3. We are stuck at step 4. I know I wrote a book, but sometimes I just need to air things out.

Thanks for reading and any responses are welcomed.

Russ :-)