SIGNS THAT YOU WON YOUR HEARING

In most cases, judges do not announce their decisions at the end of hearings.  They will say something like, "You've given me a lot to think about.  I will get a decision out to you in the mail as soon as possible."  Normally, it will take 2 or 3 months to get that decision.

Are there clues about whether you won your benefits at the disability hearing?  What are some of the clues?  ("Clues," not "guarantees"):

CLUE NO. 1:  The judge asked only 1 question of the vocational witness and the response was, "There would be no jobs available."  This is an excellent clue that the judge will find that you are not able to work.

CLUE NO. 2:  The judge asked 3 or 4 questions of the vocational witness.  In response to the first question, the witness replied that there would be jobs available.  But in response to questions 2 - 4, which contained more functional restrictions, the witness said, "No, there would not be any jobs available."  This leaves the judge plenty of room to approve your benefits.

CLUE No. 3:  You have a form from one of your treating doctors in your medical file that lists several restrictions that prevent you from working.  For example, your doctor states that you can stand and/or walk for no more than 2 hours in an 8-hour day; can sit less than 5 hours; you can lift less than 10 pounds occasionally, or you would be absent from work 3 or more days per month.  While Social Security judges aren't required to agree with the doctor's assessment, many times they will give the doctor's opinion great weight.

CLUE NO. 4:  You had a good judge.  If you appeared before a judge who pays above the national percentage rate (about 42 percent), it's a good sign.  There are websites where you can look up a judge's approval ratios.  For example, if the hearing office as a whole has an approval rate of 45 percent, but your judge averages an approval rate of 68 percent, that's a good sign that you have a reasonable judge who will make a fair decision.  On the other hand, if your judge pays only 12 percent of claims, it's not a good sign.

What if the judge didn't ask the vocational expert any questions at all?  This could mean that your case is so strong that it could be approved without any questions or that it is so weak that questions wouldn't help.  In this scenario, I fall back on the medical evidence in the case.  If the medical evidence is strong, and there are no other issues (drug or alcohol abuse), I tend to think no questions is a good sign.

Does anyone really know what your decision will be?  The truthful answer is, No.  Until the Notice of Decision arrives in the mail, nobody really knows what the decision will be.  Judges can be difficult to read and I'm certainly not perfect at trying to read their minds.  

Is it a good sign that the judge smiled and was nice during the hearing?  The answer is, not so much.  I've seen judges who were very friendly and cordial and denied the case.  I've seen others who were cold and argumentative and paid the case.  A judge's personality and demeanor during the hearing is often a poor indication of the outcome.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

SOCIAL SECURITY JUSTICE