HOW A LAWYER-ADVOCATE CAN HELP
- The Forsythe Firm
- Sep 6, 2020
- 2 min read
Most Social Security disability claims wind up before an Administrative Law Judge who will make the final decision about whether to award benefits. The hearing is a claimant's best chance to be approved. You only get one hearing. So, go prepared.
If you show up at a hearing unrepresented, most Judges will recommend that you postpone and come back a few months later with representation...
Legal representation can help you and greatly increase your chance of approval.
Here are a few things your representative will do for you--that otherwise might go undone:
Decide the best way to approach the judge; all judges are not the same
Gather all the medical evidence that supports and proves your claim
Look at how your past work history could support you claim using Grid Rules.
Determine if you likely meet one of the published Listings.
Write a pre-hearing brief to give the Judge a summary of the case.
Help you get prepared for what will happen at your hearing.
Help you effectively present your case at the hearing (the lawyer goes with you).
Cross examine the government's Vocational Witness (VE)
Help you get all the past due benefits you are entitled to, and get Medicare
At hearings for adult claimants, the government will always bring in a Vocational Expert (VE) to testify about jobs you can still do, in spite of your medical impairments. Remember, to win you generally must prove that you cannot do any type of work, even unskilled sedentary jobs.
The Judge will list what he/she believes are your work capabilities---or the most you are able to do in terms of work -related activities. The judge will then ask the VE if there are any jobs in the national economy that you could perform, even with your physical or mental limitations. Typically, the Vocational Witness will respond with 3 or more jobs that you could still perform--and will state how many of those jobs exist in the US economy.
The Judge may use the expert's job numbers to deny your clam, since the very strict definition of "disability" is not being able to perform any full-time job. Obviously, if jobs exist that you could do, you are not disabled according to Social Security's regulation.
There are a lot of problems with vocational job testimony. A skilled cross examination can change the outcome of a hearing. Your representative will know how to cross examine the government's expert. Your advocate will raise appropriate objections why the VE's testimony should not deny your claim.
Our experts may be available to assist you with your application or appeal hearing. There's never an upfront cost to you. You will pay an agreed upon fee after you are approved and after you receive back pay from Social Security. If you don't win, you don't pay. For a free case evaluation, use the Contact Form on this website or call (256) 799-0297. Your information is confidential.
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