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.


WHAT CAN YOU DO WITH A TOUGH DISABILITY JUDGE?

 WHAT TO DO WHEN YOU HAVE A TOUGH JUDGE AT A DISABILITY HEARING:

 

 1.  Be sure you understand your case.  What is the legal basis for an award of disability?  Is it Listing Level?  Grid Rule?  

2.  Make your medical evidence overwhelming.  Most of the time, tough judges have a very restricted personal sense of what "disability" means.  Make your case make sense to the judge.

3.  Research your judge.  Chances are, some other lawyer out there has come across this guy before you.  Look at websites like Disability Judges to find out what makes the judge tick.

4.  Engage the testimony of the claimant's treating physician(s).  Find a really appropriate "Residual Functional Capacity" form and ask the doctor to complete and sign it.

5.  Always be pleasant and professional with the judge, even if he/she provokes you.  He/she is not always right, but is always the judge.

6.  Finally prepare well.  These "tough" judges will put you through the paces.