Does your lawyer do a lot of SSDI cases ?
To me, it sounds inappropriate for the lawyer to ask specific questions which would essentially demand a ruling from the judge during the hearing. Here in Massachusetts, the approval/denial ruling comes AFTER the hearing. Answering if the judge planned on "using the second hypothetical" would have revealed the ruling would be an approval if the judge said yes. As Psych said, maybe it's different from state to state.
Can I assume from your lawyer's focus on the second hypothetical that you DO have to lay down for 48 minutes a day ? Would that have to be DURING the workday and not a rest period after work ?
In my ALJ hearing, the judge asked me if my medical record was correct that I had to lay down frequently during the day and often nap during that time (chronic pain makes for poor sleeping at night). I said, "Yes." She next asked the voc rehab specialist if there were any jobs available that could accommadate my need to lay down during the workday. He said, "No." The ALJ immediately said, "Thank you very much everyone. I believe I have all of the information I need. You will be notified by mail of my decision."
My lawyer told me outside the court that he couldn't make any guarantees, but that he would be SHOCKED if I wasn't approved after that.
While I was waiting for the judge's decision, I happened to check my bank balance and noticed an extra $50,000+ in there after a direct deposit from the US government........ (my backpay). A few days later, I got my approval letter in the mail.
Like my lawyer, I don't want to give you false hope, but it sure sounds like this is going your way IF you would have to lay down during a hypothetical work day.
My fingers are crossed that you'll get good news soon.
Gee, this looks like a great place to sit and have a picnic with my yummy bone !