Being able to accurately foretell the future would be a great benefit in some ways. We could make perfect investments, buy all the right stocks, avoid all of our mistakes....
Younger Social Security claimant's representatives sometimes ask, "Can you tell if a case is going to be a winner - even before you agree to represent it?" The truthful answer is, no, you can't always know. Usually I have an early feeling about a case. That feeling is based on meeting with the claimant, looking at the nature of impairment and type of medical treatment being received. But at that moment I still do not know if the case can be won; I know that there is a possibility that the case can be won.
Usually, what I call the "confirmation" that this case is a winner comes much later. After I have reviewed all the medical evidence, studied the claimant's work history and researched the limitations that are typically imposed on individuals with similar impairments -- at some point a realization comes over me that, "Yes, this is a winning case; there is no reason to take no for an answer in this case." I have never gone into a hearing without this sense of confidence. I don't require that degree of confidence when I am evaluating a case, but I want it before it gets to the hearing stage.
When do I get that sense of confidence or confirmation? It's usually near the end of the "development work." It may occur while I'm writing the brief for the judge, or after a doctor provides me with a certain document, or a day or two before the hearing as I reflect on all the aspects of the case.
Younger Social Security claimant's representatives sometimes ask, "Can you tell if a case is going to be a winner - even before you agree to represent it?" The truthful answer is, no, you can't always know. Usually I have an early feeling about a case. That feeling is based on meeting with the claimant, looking at the nature of impairment and type of medical treatment being received. But at that moment I still do not know if the case can be won; I know that there is a possibility that the case can be won.
Usually, what I call the "confirmation" that this case is a winner comes much later. After I have reviewed all the medical evidence, studied the claimant's work history and researched the limitations that are typically imposed on individuals with similar impairments -- at some point a realization comes over me that, "Yes, this is a winning case; there is no reason to take no for an answer in this case." I have never gone into a hearing without this sense of confidence. I don't require that degree of confidence when I am evaluating a case, but I want it before it gets to the hearing stage.
When do I get that sense of confidence or confirmation? It's usually near the end of the "development work." It may occur while I'm writing the brief for the judge, or after a doctor provides me with a certain document, or a day or two before the hearing as I reflect on all the aspects of the case.
And it's more than just a feeling. It's a feeling based on fact, based on the merits of the case--based on what Social Security law says about this particular set of circumstances. There is something objective about this. But there is also the feeling. The subjective part of it. Just because a certain point seems clear to me doesn't mean that it will be clear to the judge. The fact that one individual can reach a certain conclusion while another individual comes to the opposite conclusion is why we have lawsuits - and Social Security hearings. You have to believe in the case your about to argue. At least I do.
For more information about winning your Social Security disability claim, click here
For more information about winning your Social Security disability claim, click here
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