6 Rules to Prepare for Your Disability Hearing

1. understand the main issue in your case – reduce it to one or two sentences

Example:  In 2004 I was diagnosed with multiple sclerosis.  I continued to work until August of 2006 when I finally resigned because the symptoms and complications of my disease increased to the point where I could no longer get through a workday or a work week.  Specifically, by August of 2006 I was no longer able to walk without a walker, my fatigue had increased to the point where I needed to lie down for 2 hours during the middle of the day.

2. learn about the judge and how he conducts hearings.  Most want to do the right thing but they have very different styles

• judge who asks you to review fee contract
• judge who says nothing
• judge who challenges you – always finds something in the record

3. Think about capacity for specific activities

• sitting
• standing
• walking
• lifting
• carrying

Avoid "not very much" or "I haven't thought about it"

4. Think about pain – use a 1 to 10 scale (if your lawyer believes judge will be responsive).

5. Recognize that in most cases, the issue will boil down to whether you are reliable.  As he talks to you the judge will be building a profile that will turn into a hypo question for the vocational witness.  Try to be definite.  Think about your capacity not on your worst day or a great day but on an average day.  Difficult to think about a truly average day but you have to.

6. Approach disability as an undesireable necessity.  You don't want to be there