When Albert Diaz, then 41, took his seat in the Social Security Administration’s hearing room in Wilkes-Barre, Pennsylvania, in October 2011, he had to lower himself onto his left buttock to avoid stabbing pain in his right leg. His dominant arm, the right one, was locked in a brace to keep it from curling in toward his body. He shook uncontrollably, a side effect of an electrical stimulation device implanted in his spinal cord to manage relentless pain. Three years earlier, Diaz had fallen backward three stories down an elevator shaft while working as a maintenance director in a luxury apartment building. Since the accident, his family of nine had relied largely on his wife’s teaching salary. His application for federal disability benefits was denied, and after waiting a year for a hearing, he’d come to appeal that decision before an administrative law judge (ALJ).
During the half-hour hearing, the judge asked him whether he attended church or belonged to any clubs, what TV shows he liked, and if he had any hobbies. They talked about his pain and how his family has to help him bathe, get dressed, and shave. Following his testimony, a vocational expert spent a few minutes testifying about what someone in Diaz’s condition could do for work. The conversation went like this: First, the judge asked the expert to imagine a hypothetical person of Diaz’s age, education, and work experience. Now, she said, imagine that this person can do light work, but the light work is limited. “There would be a bilateral lower extremity push/pull limitation,” she clarified, “occasional climbing, balancing and stooping but never on ladders, never kneeling, crouching or crawling. There would be a bilateral, overhead reach limitation, a need to avoid vibration and hazards.”
The judge then asked the vocational expert whether there were any jobs, anywhere in the economy, suited to such a person. Considering only the factors the judge had described, the expert answered that the person could be a “greeter/host,” and indicated that there were about two or three hundred such jobs in northeastern Pennsylvania. Or maybe a “price marker”—who attaches price labels to merchandise—1,100 to 1,200 jobs.
Two months later, the judge denied the claim, citing her belief that Diaz was able to do things like “perform occasional climbing, balancing, and stooping”—which is to say, she thought he could still work. In the nearly eight years it would take him to successfully appeal that denial, Diaz lost his house.
With a bite out of every paycheck, workers pay into the federal system of Social Security Disability Insurance just in case something happens that makes them unemployable. (A parallel program, Supplemental Security Income, or SSI, provides payments to low-income people with disabilities). Of the roughly two million disability claims the SSA receives each year, two-thirds are initially denied. Those who appeal get their claims reconsidered, and if they’re denied again, which most are, they go before an ALJ. It’s the claimant’s best chance for a reversal—last year, slightly more than half of such claims were approved.