Social Security disability hearings are presided over by U.S. administrative law judges who will take sworn testimony. Here are 4 important mistakes to avoid in your hearing.
Sharing Unsolicited Information
Giving too much information can be a fatal mistake. You must and should answer every question honestly. However, don't give more information than you are asked for. Here are some examples of things not to volunteer without being asked:
- Prior claims your or family members have made for disability benefits.
- Drug or alcohol issues
- Arrests or criminal history
- Failure to follow doctor's treatment
- "No one will hire me. I am a liability to an employer."
- “I can't find a job." This implies that if you could find a job, you would be working.
- “There are no jobs in my field in this town." That is not a disability.
- “I don't have transportation, I can't drive, or I don't have a driver's license." No judge will award a disability benefit on this basis. It hurts your case.
- "I can't work because I have to care for my (family member)." Again, this is certainly not a disability. It implies that you are not working because of a non-medical problem.
A sure way to lose your case is to exaggerate your symptoms or conditions. Don't say you have level 10 pain all the time. Don't paint a picture of someone who is bedridden nearly all the time, or someone who uses a walker to ambulate if this is not the case. For heaven's sake don't bring a cane, a walker, a wheelchair to a brace into court if it hasn't been prescribed by a doctor. Judges absolutely hate theatrical props. They have seen it all and heard it all and can spot an exaggeration a mile away through heavy fog! Just don't try it. Don't go the other way and under-state your symptoms, either. Some people do tend to minimize their conditions, especially their mental impairments. Your goal in a disability hearing is to help the judge understand what kind of activities you can and cannot do in a normal day. You do not have to be totally unable to perform activities of daily living to be approved. You can be found disabled if your medical condition prevents you form being able to work 8 hours per day, 5 days per week on a regular and continual basis. But the judge must find your testimony to be credible. It must generally match what your doctors say in their medical records.
Disregarding Courtroom Courtesy
We live in a culture of disrespect where courtesy and etiquette seem to be vanishing. However, courtrooms are still places that expect and demand courtesy.
- Arrive early. When it comes to the courtroom, if you’re on time, you’re already late. Be sure to arrive 1 hour before your scheduled hearing; not only does it look good on you, it also provides extra time to mentally prepare. And many judges will start early.
- Show respect. It’s understandable to become frustrated during a social security benefits hearing, especially if things don’t seem to be going your way. But being rude won’t help your case; remain polite, speak clearly, address the ALJ as “your honor,” “sir” or “ma’am,” and bite your tongue if needed!
- Dress appropriately. Proper attire shows respect for the judge; after all, this is their courtroom. While it's all right to dress casually (no suit and tie), never wear shorts, tank tops, or flip-flops, even if it is a 100-degree summer day. And don’t forget to take off your hat or ball cap. TURN OFF THAT CELL PHONE!
There is simply no reason to be unrepresented. "Unrepped" claimants, as they are known, are not taken seriously. By not having a representative you may send an unintentional signal to Social Security staff. You may say to them, "My case is so weak that I could not find an attorney or advocate to represent me." Also, it is my observation that about one-half of unrepresented claimants don't bother to even show up for their scheduled hearing. This sends more non-flattering vibes. Further, walking into a hearing unrepresented will result in your hearing being delayed because the judge will offer to postpone the hearing until you find an attorney. This will typically delay the hearing 3 or 4 months while you wait to get back on the docket. A lady recently called me for help because she had just been denied at her hearing, having represented herself. "The hearing was nothing like I thought it would be," she told me. "I had no idea what was going on from the time I walked in until the time I walked out. Before I knew what was happening, I had been denied." There is no reason for this. You can get excellent professional representation with absolutely no money upfront. Your representative will prepare and attend our hearing without a fee or deposit. If your case is successful, Social Security will withhold the legal fee from your back pay and pay the attorney's fee directly. If you are not successful, there will not be a fee at all. So, Social Security claimants can hire the same quality of legal help that a multi-millionaire could afford. Don't cheat yourself and lose your case by representing yourself.
SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM
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