Monday, November 22, 2021

DID YOUR DISABILITY HEARING GO WELL? HOW CAN YOU TELL?

 A Social Security disability hearing is probably one of the most traumatic events an individual may face.  When it's over, you feel relieved just to be done with it.

But you probably have 1 to 3 more months to wait.  Most judges don't announce their decision at the end. They make you wait for a written decision in the mail.

Trying to read the judge to see if he/she is going to approve your case can be difficult.  But here are some signs that you may be approved:

1.  A Bench Decision.  This is where the judge simply says something like:  "I find that you are disabled under one of the Listings," or "I believe Medical-Vocational guideline 112.06 lays a framework for approval."  This is a win.

2.  A medical expert may give testimony during the hearing that you meet or equal one of the Listings.  This automatically approves you for disability.  It doesn't happen often, but it sometimes happens.

3.  The judge only gave one hypothetical to the Vocational Exert, and he/said that you cannot perform any of your past relevant work, or any other work.  This could be a very favorable sign that the judge will find you disabled.

These days, most Social Security disability approvals happen in hearings.  It's a long road to get to the hearing, so make the most of it.  Get a pilot who has some flying experience.  I'm speaking of a qualified Social Security disability lawyer or advocate, of course.

If I tried to charter an airplane and the "pilot" said, "I've never flown one of those things, but I'll give it a try," I would run. 

You never want to be the only person in the hearing who isn't an expert.


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