If you've been denied for SSDI benefits and are about to go for a hearing, there are some things you simply should not do at the hearing. I have a checklist that I go through with my clients before each hearing.
1. Don't bring a cervical collar, cane, walker, oxygen tank or another medical device unless it was prescribed by a doctor and you use it everywhere else you go. Judges hate things that they perceive as "theatrical props."
2. Don't lie or exaggerate to the judge. Few people have daily pain on a scale of 10. Almost everyone will at least occasionally drive, do laundry, wash dishes or walk to the mailbox.
3. Don't use the word "never" unless you mean N-E-V-E-R. Not even one time. Example: I never drive. Do you actually mean that you seldom drive?
4. Don't answer a question that you don't understand. Ask for the question to be repeated and clarified. Simply say, "Could you explain what that means?" or "I don't understand the question."
5. Try not to have an emotional breakdown during the hearing. Judges really hate these moments and are not at all impressed. I realize that some people may not be able to control their emotions during stressful moments but it will help your case if you can.
6. Avoid non-verbal answers that can't be recorded. Hearings use voice recorders but no video is recorded. So, if you say, "It hurts right here," and point to your left elbow, it doesn't get recorded. It's better to say "My left elbow hurts." Shaking your head or nodding will not get recorded, of course.
7. Don't sit in pain for the entire hour when you need to stand or move around. It's perfectly acceptable to stand during the hearing and you don't need to ask permission. Just stand when you need to, sit back down when you're ready and stand again if you wish.
8. Avoid common terms that have no definite meaning. Undefined terms include: sometimes, once in a while, now and then, pretty often, not far, not much, a little bit, really bad, not too bad, a little ways.... More definite terms include: once or twice a week, about once an hour, ten to fifteen minutes, about half a block, or I would rate my pain at about 5 on a scale of 1 to 10.
9. Don't withhold information from your attorney or representative. Nothing hurts your case more than for your representative to get "bushwhacked" by something you failed to mention prior to the hearing. For example, you went back to work after you filed your disability claim and worked for 4 months. Or, you were recently treated for substance abuse but forgot to mention it. Or, the pain clinic terminated you for failing a drug test. Your representative can best handle issues like that if he/she knows about them in advance. Sometimes the item you forgot may be positive. You were evaluated by vocational rehabilitation and told that your illness makes you unemployable. That could really help your case.
10. Don't automatically blame your representative if you aren't awarded benefits. Social Security judges are free to make the decision they feel is right. Using the US averages, administrative law judges will approve about 42 percent of claims and deny or dismiss the other 58 percent. Sometimes, the judge simply doesn't feel that the evidence (or the claimant's testimony) supports a finding of disability. No representative, no matter how hard he/she tries, can win every claim.
CONTACT AN ADVOCATE
1. Don't bring a cervical collar, cane, walker, oxygen tank or another medical device unless it was prescribed by a doctor and you use it everywhere else you go. Judges hate things that they perceive as "theatrical props."
2. Don't lie or exaggerate to the judge. Few people have daily pain on a scale of 10. Almost everyone will at least occasionally drive, do laundry, wash dishes or walk to the mailbox.
3. Don't use the word "never" unless you mean N-E-V-E-R. Not even one time. Example: I never drive. Do you actually mean that you seldom drive?
4. Don't answer a question that you don't understand. Ask for the question to be repeated and clarified. Simply say, "Could you explain what that means?" or "I don't understand the question."
5. Try not to have an emotional breakdown during the hearing. Judges really hate these moments and are not at all impressed. I realize that some people may not be able to control their emotions during stressful moments but it will help your case if you can.
6. Avoid non-verbal answers that can't be recorded. Hearings use voice recorders but no video is recorded. So, if you say, "It hurts right here," and point to your left elbow, it doesn't get recorded. It's better to say "My left elbow hurts." Shaking your head or nodding will not get recorded, of course.
7. Don't sit in pain for the entire hour when you need to stand or move around. It's perfectly acceptable to stand during the hearing and you don't need to ask permission. Just stand when you need to, sit back down when you're ready and stand again if you wish.
8. Avoid common terms that have no definite meaning. Undefined terms include: sometimes, once in a while, now and then, pretty often, not far, not much, a little bit, really bad, not too bad, a little ways.... More definite terms include: once or twice a week, about once an hour, ten to fifteen minutes, about half a block, or I would rate my pain at about 5 on a scale of 1 to 10.
9. Don't withhold information from your attorney or representative. Nothing hurts your case more than for your representative to get "bushwhacked" by something you failed to mention prior to the hearing. For example, you went back to work after you filed your disability claim and worked for 4 months. Or, you were recently treated for substance abuse but forgot to mention it. Or, the pain clinic terminated you for failing a drug test. Your representative can best handle issues like that if he/she knows about them in advance. Sometimes the item you forgot may be positive. You were evaluated by vocational rehabilitation and told that your illness makes you unemployable. That could really help your case.
10. Don't automatically blame your representative if you aren't awarded benefits. Social Security judges are free to make the decision they feel is right. Using the US averages, administrative law judges will approve about 42 percent of claims and deny or dismiss the other 58 percent. Sometimes, the judge simply doesn't feel that the evidence (or the claimant's testimony) supports a finding of disability. No representative, no matter how hard he/she tries, can win every claim.
CONTACT AN ADVOCATE
Comments
Post a Comment