The hearing will last less than one hour on average but it may be the most important hour of your life, financially speaking. How do you get ready for it?
1. Be certain that all of your medical records have been ordered and placed in your Social Security file. Most cases these days have electronic files. If you are unrepresented, Social Security is supposed to order your medical records, but they will only order the records you tell them about. It is imperative that you review your file about 3 months prior to your hearing and see if the records from each treating medical provider are included in your file. If not, you will need to obtain these records and submit them. If you have an attorney, he or she is responsible for obtaining all these records. Incomplete records will either result in a postponement of your hearing or possibly a denial.
2. Figure out the exact date you last worked, even if it was for just one day. Step 1 of the hearing will be to determine when you last worked. You will be asked this question and you should know the answer. Judges determine this first because the law doesn't allow a disability benefit to be paid for months in which you worked at "substantial gainful activity," no matter how sick they were.
3. Medical records are essential but they alone often aren't enough to get an award. Try for opinion evidence from your doctor. Specifically, try to get a form called a "Medical Source Statement" completed by your doctor that details the limitations in your work-related functions: sitting, standing, walking, bending, lifting, etc.
4. Be able to explain why you can't hold a full-time job--from a health or disability point of view. Be able to articulate your functional limitations that prevent you from working. Speak in specific terms: "I can't sit longer than ___ minutes. I can only stand for about ____ minutes, etc."
5. Research the technical issues involved in your case. These include:
- Do you meet one of the published Listings?
- Will a grid rule direct a finding of disability at your age?
- Does your application date allow Social Security to pay back to your alleged onset date?
- Did you have substantial earnings after your alleged onset date?
- Do you need to amend your alleged onset date?
- When is (was) your Date Last Insured? Can you prove disability onset prior to that date?
- Classify each job you have held during the 15 year period prior to filing for disability. Be familiar with the the classifications of sedentary, light and medium work.
7. Read your medical records. Make a note of where to find each of your major illnesses or impairments in the record. For example, "My bulging lumbar disc is medically documented by an MRI report in Exhibit 4F, page 16." Or, "My severe depression is noted by Doctor Feelgood in Ex. 9F, pgs. 3, 9 and 15; and in 11F, 6, 11 and 17).
8. If Social Security sent you to one of their doctors for a consultative examination (CE), read and study that report, which will be in your file. Note what that doctor said concerning your physical and/or mental limitations and how those limitations restrict your ability to do work-like functions. Sometimes, these reports actually help you win.
9. Prepare yourself to speak Social Security lingo. If the judge uses terms you don't understand, ask him or her to explain what they mean.
10. Here are common sense tips I give to all my clients before they set foot in a hearing room:
- Always tell the truth.
- Tell the truth, then stop. Don't say too much.
- Never answer a question that you do not understand.
- Avoid generalities such as: sometimes, once in a while, a little bit, not very often, pretty bad, not much.
- Answer questions with defined words, using terms like: days, hours, minutes, feet, yards, etc. Example: "I can sit for about 15 minutes before my legs no numb." Better than, "I can only sit a little while before my legs go numb." ("A little while" is not defined).
Do You Need Help?
Many people will benefit from hiring an attorney or experienced disability advocate to prepare the hearing and attend with them. In the first place, it will save you enormous time and hard work. In the second place, it increases the odds that you will be awarded benefits. Finally, it may save you untold frustration and anxiety--just having someone who knows what it's all about sitting beside you, and having prepared for all the angles.
___________________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across From Bridge Street"
CALL (256) 799-0297
SOCIAL SECURITY JUSTICE - WEBSITE
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