2 DISABILITY QUESTIONS THAT WILL "GET YOU" AT A HEARING

Here are 2 important questions that judges nearly always ask in hearings. And they are perhaps the most important questions to your case:

QUESTION # 1: How did you last job end? Or, Why did you stop working at the ABC Company?

The judge wants to determine if you have a disability problem, an employment problem, a transportation problem, a family problem or a drinking/drug problem? Why did you stop working? Every claimant should self-examine this question before going into a hearing. Why did I leave my last job? If it was for any reason other than disability your claim will fail.

Question # 2: Why do you believe you are not able to work?

The judge wants to hear, in your own words, why you can't work a regular 8-hour day, 5 days per week. Keep this answer direct, simple and personal. Here are some important tips from an advocate who has attended thousands of hearings:

Don't speak in medical terms. 

Speak of your experiences, symptoms and limitations. What hurts? How much does it hurt? What gives you trouble? Is it the sitting, standing, walking, bending, lifting, reaching....? Here's one example: "My feet and legs swell to 2 or 3 times normal size after I stand more than 1 hour. I have to sit down after about 1 hour and elevate my feet to control the swelling." Notice, the claimant does not mention congestive heart failure, volume overload, peripherial edema or any other medical term. He speaks of how his illness personally affects him.

 

Try to be specific. 

Avoid very vague, general terms like "sometimes, a lot, a little, now and then, once in a while, not many, or a little ways." Here are some examples you can use:

* once or twice an hour

* about 30 or 40 steps (feet, yards)

* 3 or 4 times per hour

* less than 10 pounds

* after about 30 minutes

* limited to about twice a day

 

All work consists of sitting, standing, walking, lifting/carrying, reaching, communicating, focusing, following instructions, etc. Explain which of these give you trouble and why.

The ability to work, under Social Security rules, is the ability to work 8 hours each day, 5 days each week with only the customary number of breaks and no more than 1 absence per month (or 12 absences per year). If you can't do that, the judge needs to know why.

 

Need help with a disability claim, appeal or hearing? Contact the Forsythe Firm for a free local consultation. We will never charge you a fee until you win your case.

We're standing by to help you. 

(256) 799-0297 

 

 

 

 

A DISABILITY APPLICATION IS MORE COMPLICATED THAN A HOME MORTGAGE

 

The most complicated thing an average American will ever run into is not a home mortgage. It's a Social Security disability application.

If you are unfortunate enough to have to file one, you will understand. A home mortgage can usually be done is 2 to 4 weeks. A Social Security disability application process can take 6 months to 18 months and the paperwork is horrendous.

On any of the forms, you can make a mistake that will get your benefits denied or endlessly delayed. One example: A claimant gave an incorrect zip code which caused Social Security mail to be returned and the claim was delayed for weeks.

And it's not just the paperwork. It's knowing how to answer the questions. Often, it's just being able to understand the questions. Social Security forms are designed to ask for the same information repetitively, so it's easy to be inconsistent.

Then there are the technical things you need to know:

• When is your Alleged Onset Date or AOD?
• When is your Date Last Insured or DLI?
• What is your PIA? (Primary Insurance Amount)?
• Which of your medical conditions are severe?
• Do you meet a grid rule or a Social Security Listing?

No wonder most individuals filing for disability seek professional help with the application process.

Also, most applications are going to require appeals. That will beg for professional legal help later on.

Most attorneys will not even help completed the original application because it's such a long, exhausting paperwork process. Most will ask the claimant to file the original application himself then contact the attorney after they get denied. This reduces the attorney's paperwork on the case tremendously.

My office can sometimes help complete the initial application. You may get a free consultation (no obligation) by calling the Forsythe Firm at (256) 799-0297.