The Oklahoma Bar Journal October 2026

testimony that characterizes that past work, if any. After that, the ALJ will propose hypothetical RFCs based on the evidence at the hearing based on both the medical records and the claimant’s testimony. 44 An example of such a hypothetical would be: “Assume a hypothetical individual who is 53 years old, with a high school education and with PRW as previously described. This hypothetical person can lift up to 10 pounds and can stand and/or walk up to two hours in an eight hour workday. This hypothetical individual is able to occasionally climb ramps and stairs and is able to frequently stoop, kneel, crouch, and crawl. The hypothetical person cannot interact with the public.” The hypothetical is posed to the VE, who will determine if the hypo thetical individual can perform the claimant’s past work given the lim itations. The VE will also determine if the claimant has any transferrable skills to other work at step five. If the claimant cannot return to or has no PRW, the VE will provide jobs that exist in the national economy 45 (step five), if any, that the claimant is capable of performing despite their limitations. If the claimant is able to perform work in the national economy, despite the medically determinable impairments, then the claimant is not disabled and benefits will be denied. 46 The Social Security disability process is long and requires the claimant’s participation through out to provide information about medical treatment, work history, and activities of daily living, to attend CEs if ordered, to attend the hearing, and to communicate with the agency. The disability process is not an adversarial proceeding, and disability hearings do not take place in a court of law, although all

medical and/or psychological consultant, will review the evi dence in the file at the time of the initial determination, along with updated medical records, if any, the latter of which could alter the outcome from a denial of bene fits to an award. As at the initial level, DDS will issue a reconsid eration determination and send notice to the claimant. If benefits are denied at reconsideration, the claimant may file a request for hearing 39 before an administrative law judge (ALJ) within 60 days after the date the determination notice is received, which moves the case to the hearing office. 40 The hearing office will set the case for hearing with ample notice to the claimant and representative, if any. 41 At the hearing, the ALJ will take testimony from the claimant and a vocational expert (VE), an impartial vocational professional with whom the agency contracts. 42 While ALJs are expected to be able to read and comprehend medical evidence, in certain instances, for example if the claimant has an uncommon medical impairment, the ALJ might engage a medical expert via interrogatories or hear ing testimony to better understand the medical evidence in the case. A medical expert will review the medical evidence before the hearing (or when issued interrog atories) and offer both factual and expert opinion evidence based on knowledge of SSA’s rules. 43 The vocational experts provide testimony at steps four and five. During the hearing, the ALJ will ask the claimant to describe work performed during the five-year period leading up to the hearing. This testimony, along with any work history reports in the file, will form the basis for the VE to provide

participants in the hearing will be sworn to testify truthfully under penalty of perjury. While there is no requirement that a claimant have a representative assist during the disability process, disability attorneys and nonattorney rep resentatives can be helpful in obtaining medical evidence, pre senting the claimant’s allegations and arguments at the hearing, and ensuring filing deadlines are timely met. 47

ABOUT THE AUTHORS

Deirdre O. Dexter has been a member of the OBA since 1984 and has practiced law with private firms and governmental

agencies as well as serving as city attorney for the city of Tulsa and district judge for Tulsa County. Prior to retiring in June 2025, Ms. Dexter had served for more than a decade as an administrative law judge for the Social Security Administration. Jessica Tait graduated from the TU College of Law in 2011. She has worked as an attorney advisor for the Social Security Administration since 2017. 3. 20 CFR §§404.130 et seq. 4. 20 CFR §§416.203 et seq. 5. SGA is doing significant and productive physical or mental duties for (or intended for) pay or profit. See 20 CFR §§404.1510, 404.1572; 20 CFR §§416.910, 416.972. 6. 20 CFR §404.1505; 20 CFR §416.905. 7. 20 CFR §404.1520; 20 CFR §416.920. 8. 20 CFR §404.1520(a)(4)(i) and (b); 20 CFR §416.920(a)(4)(i) and (b). 9. 20 CFR §404.1574; 20 CFR §416.974; see POMS (Program Operations Manual System) DI 10501.015 for the yearly SGA amounts. The POMS are operational instructions for SSA employees to process disability claims. Note, self-employment guidelines are at 20 CFR §404.1575; 20 CFR §416.975. ENDNOTES 1. 20 CFR §404.1520. 2. 20 CFR §416.920.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL