IMPROVE YOUR ODDS AT A HEARING

Disability hearings are peculiar legal proceedings that are strange and new to most people. If you are appearing at a hearing, this means your request for benefits has already been denied twice. This is your third and BEST chance to get approved and paid.

If you look at the national data, about 4 out of 10 claimants who attend a hearing will be approved, while the other 6 are denied. What can you do to improve your odds as you go to the hearing?

1. Be sure you have submitted all medical records, not just the ones that you feel will help your case. The medical evidence must be complete. Otherwise, you may get another delay or denial. Check to be sure all medical records have been added to your file. The judgte will use these records to decide if you are eligible for benefits.

2. Find out what the rules are for your age category. The rules change with age. It's harder to win if you under age 50, a bit easier if you are 50 to 54, and easier yet if you are 55 or over. Read the rules that apply to your age category.

3. Be prepared to talk to the judge about function. How has your ability to function in your daily activities changed since you became disabled? What type of things can you no longer do for yourself? Do you need help with bathing, dressing, preparing a meal, shopping, going to appointments, keeping your house clean, etc.? These limitations help the judge to understand why working may no longer be an option for you.

4. Get specific. Social Security is about measurements and definitions. Not:

a little bit

not very far

once in a while

pretty bad

or, "sometimes"

When discussing your ability to do things (activities), speak in terms of: minutes, hours, days, weeks, or other terms with definite, measured meanings.

Example: "I have to sit down and rest after walking 15 minutes. Example: "I can stand for about 10 minutes before I need to sit down and rest."

Example: "I drive about once a week, twice at the most." Example: "My headaches occur at least 3 days out of the week."

5. Be able to explain why you can't perform a simple, unskilled Sedentary job. This is often what wins or loses a hearing. A sedentary job is a "sit down" job. You would sit about 6 hours out of an 8-hour day, stand or walk no more than 2 hours, and lift no more than 10 pounds occasionally. This is the least exertional job in existence. You may have to prove that you cannot perform sedentary work in order to be approved. "Not qualified" won't save you here because the judge and vocational witness will use sedentary jobs that are simple and unskilled, meaning that they require no specific education, experience or training. Everyone is qualified.

6. Consider getting professional help. A lot of people feel they can handle a hearing by themselves. But statistics show that a claimant represented by an attorney or experienced advocate are 3 times as likely to win as one who is unrepresented. That's a huge difference.

Also, your judge is more comfortable if you are represented by competent counsel. In fact, most judges will caution you to obtain counsel and will postpone the hearing so you can do so. "Come back with someone who speaks my language," a judge often says.

Good luck if you are facing a Social Security disability hearing. If you need us, we may be able to represent you with no upfront fee or cost, and with no fee ever due until you win and recover your past due payments from Social Security. Reach us in Huntsville or Franklin, TN at (256) 799-0297.