Prepping for the Disability Hearing
Truth be told,
through experience in representing clients before the Social Security
Administration in disability appeals, we have learned how to successfully
leverage certain aspects of the disability benefits hearing
to a client’s advantage. However, that being said, prior preparation is
paramount to winning Social Security disability benefits by
way of an Administrative Law Judge (ALJ) decision. A few vital things to consider
are noted hereinafter. Request to attend the hearing. Don’t go overboard
though and consider this an acting job. Exaggerating your stated restrictions
and limitations is fatal to a disability claim. Your testimony
must be credible and reliable. However, consistently conveying relevant information
alone is not enough. Your appearance also must serve to humanize your case and
have the ALJ associate an actual face with your file, preferably a sympathetic
one. Thus, it is imperative that you retain a disability lawyer
well in advance of the hearing who knows how to prep a witness properly. And
not just any disability attorney, but one who handles the majority
of his or her cases in this area of specialization, and regularly appears before
Social Security judges in your jurisdiction. Remember, a good attorney knows
the law, but an excellent one knows the judge, meaning he or she understands
the type of proof expected to win before the ALJ assigned to your case. Updated
medicals from supporting physicians, to include questionnaires tailored for
specific impairments and narratives are a must. Although a treating physician
who has a longitudinal relationship with a patient carries the most evidentiary
weight, if necessary, seek out a physician for an independent medical
examination (IME) as well. When a claim is borderline a solid IME may
help win you Social Security disability benefits. Favorable
medical proof should be forwarded to the assigned ALJ and/or hearing office
in advance of your disability hearing date, with a well-written
summary by your disability advocate. Waiting until the date
of your hearing and attempting to submit updated medicals to an already stressed
out ALJ is not best practice.
|