HOW TO WIN A HEARING

If you read internet blogs about Social Security disability you will find that everyone has a theory about how to win a disability hearing.  The truth is, there are a lot of variables in hearings.  One variable is the representative.  One representative may find a particular tactic works very well for him, while another representative does not find that tactic helpful.

Another variable is the judge.  Some judges will want the representative to "carry the ball" at the hearing - that is, ask most of the questions, explain the theory of the case, cover the medical history, etc.  Other judges will ask most of the questions, explain the issues in the case and restrict how much the representative gets to say.

In my experience, effectiveness at disability hearings boils down to a few basics.  One, prepare well and get to know the claimant.  Two, know the medical and vocational evidence.  Three, present a forceful and logical theory of why the claimant is disabled, supported by objective medical evidence.

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 Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits.   To be eligible for disability benefits, individuals must be unable to engage in "substantial gainful activity" because of a medically determinable physical or mental impairment which can be expected to result in death or has lasted for at least 12 months. NOSSCR members represent these individuals with disabilities in legal proceedings before the Social Security Administration and in federal court.