A few days before one of my clients is scheduled to appear at a disability hearing, I make an appointment with them to prepare them for the hearing. I go over the latest medical evidence that we have and try to make sure everything is included. Is the list of medications up to date? Are your symptoms worse, better or the same?
One of the first questions that the claimant asks me is, "What do you think my odds are at the hearing?" It's a perfectly natural questions and one that I would also ask were I in the claimant's shoes.
One way to answer is give a rather meaningless statistic, such as, "The national average is about 60 percent in favor of an award." That's like saying, "The odds of getting a toothache this year are about 15 percent." If you are not one of the individuals who get a toothache, the statistic is totally meaningless for you. If you are unfortunate enough to get a bad toothache, then you couldn't care less about the accuracy of the statistics. National averages say little or nothing about the merits of your case.
"What are my chances to win this hearing....? is a question related to the claimant's understandable anxiety. I really try to give an honest but less than iron clad answer. If the medical evidence is strong, I will say so. If we have particularly strong statements from a family member, a close friend or a former employer, I will state that these statements strengthen the case. I want to give my client an honest evaluation but I also want to avoid two things: (1) producing over-confidence that sounds like a guarantee because there are no guarantees in a Social Security disability hearing; and (2) leaving the client discouraged and distraught because that cannot help the case.
The honest answer lies somewhere between those two extremes. The bottom line for me, as the claimant's representative is this: Have I obtained all the medical evidence that is available, and is there anything else I can do before this hearing takes place? An honest evaluation of those questions allows me to say, "I've done everything possible to get a positive outcome for you and I will continue to do that."
If you are disabled, live in Alabama or Middle Tennessee, I will give you a free evaluation of your Social Security claim. Simply click here.
One of the first questions that the claimant asks me is, "What do you think my odds are at the hearing?" It's a perfectly natural questions and one that I would also ask were I in the claimant's shoes.
One way to answer is give a rather meaningless statistic, such as, "The national average is about 60 percent in favor of an award." That's like saying, "The odds of getting a toothache this year are about 15 percent." If you are not one of the individuals who get a toothache, the statistic is totally meaningless for you. If you are unfortunate enough to get a bad toothache, then you couldn't care less about the accuracy of the statistics. National averages say little or nothing about the merits of your case.
"What are my chances to win this hearing....? is a question related to the claimant's understandable anxiety. I really try to give an honest but less than iron clad answer. If the medical evidence is strong, I will say so. If we have particularly strong statements from a family member, a close friend or a former employer, I will state that these statements strengthen the case. I want to give my client an honest evaluation but I also want to avoid two things: (1) producing over-confidence that sounds like a guarantee because there are no guarantees in a Social Security disability hearing; and (2) leaving the client discouraged and distraught because that cannot help the case.
The honest answer lies somewhere between those two extremes. The bottom line for me, as the claimant's representative is this: Have I obtained all the medical evidence that is available, and is there anything else I can do before this hearing takes place? An honest evaluation of those questions allows me to say, "I've done everything possible to get a positive outcome for you and I will continue to do that."
If you are disabled, live in Alabama or Middle Tennessee, I will give you a free evaluation of your Social Security claim. Simply click here.
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