TELLING THE JUDGE A GOOD STORY

Telling the judge a good story about your disability, even if it is a true story, will not get you disability benefits.

Even if the judge believes you when you say you can't work, it will not get you approved.  It can't according to federal regulations.

An approval for disability benefits requires PROOF.  There are thousands of federal regulations governing Social Security disability and you must meet those regulations in a very technical sense.

Here is the most likely scenario for losing your disability hearing:

"I know I am disabled.  I've tried to work and I can't.  I can make the judge believe me."

If that's all you have, it's a sure fire formula for denial.

What's missing here?  Medical evidence. 

There must be objective medical evidence of symptoms so severe that they prevent the claimant from performing the sitting, standing, reaching, bending, lifting, carrying, concentration, persistence and pace of full-time work. 

"My doctor will give me a letter stating that I can't work and that I am totally disabled."

This, too, is a sure fire formula for denial.  Why?

Because the decision about who can work and who can't, who is disabled and who is not, cannot be made by doctors.  Under federal law, this decision is "reserved to the Commissioner of Social Security."  The doctor is trying to do something that only the Commissioner of Social Security, or her agent, is allowed to do.  The judge will, therefore, reject the doctor's opinion.

What your doctor should do is provide a specific list of your functional abilities:  how long you can sit, stand, walk?  How many pounds you can lift and carry?  How much would you be off task during an 8-hour day?  How many days would be absent from work?  Social Security can use these opinions to draw their own conclusions about whether you are disabled.

I'm not saying that the claimant's testimony is not important because it is.  The claimant should be able to articulate his or her symptoms, limitations and impairments.  But that alone will not be enough.  It must be supported by objective medical evidence (records) - and should ideally be supported by opinion evidence (not just a statement saying that you are disabled).

If you are very astute and have hundreds of hours to gather data, records and do the research needed, you may be able to successfully represent yourself.  But I'd say it's one in a hundred claimants who can, or will, do that.  For most folks, it is well worth their money to appoint an experienced representative who knows how to present a Social Security disability case.  And a representative cannot charge you a dime if you don't win your case and also collect back pay.  The fee will be a small percentage of the back pay.  For example, if a claimant collects $10,000 in back pay, his lawyer/representative's fee will be $2,500.

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