I frequently get emails from blog readers all over the country who appeared at a disability hearing several weeks or months previously and they are concerned that they are hearing nothing from the judge. Sometimes these folks will call the hearing office and the receptionist will tell them that their decision is "in writing."
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Over the past few months, I have noticed a disturbing trend in many of the Social Security hearing offices where I appear. Many of the case files do not contain comprehensive medical records or forms that translate medical problems into specific work limitations. Why? Many of the free and low cost medical and mental health clinics that used to service disability claimants have closed up shop. It seems to me that some of the judges that hear disability cases are turning down deserving cases on the basis of a thin medical file when the reason for lack of treatment is financial, not a function of the claimant's motivation.
More on A Disturbing Trend in Social Security Disability Hearings
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Podcast Notes: Social Security judges are busy people, and they do not have time to dig for information. Your hearing offers you the opportunity to explain to a Social Security Administration judge why you are unable to work, and your hearing will last no more than 60 minutes. The only issue that the judge really cares about involves your capacity for work – everything else is peripheral, so it does not make sense to waste valuable time pondering background information like your work history and medication lists.
More on The Information You MUST Have at Your Fingertips When You Appear at Your Hearing
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Social Security recognizes that individuals who are 50 years old or older, and who have a limited education and limited work skills will have a more difficult time entering into the workforce. The "grid rules" (officially called the medical-vocational guidelines) provide a structure whereby judges can find a claimant disabled even if that claimant can still do certain kinds of work.
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I have a good friend who works as a sales trainer. He teaches his students that "attitude is everything." In a sales context, if you exude confidence and believeability, you have much better chance at making a sale. Conversely, if you give off a "vibe" of defeatism and lack of confidence, your customers will sense your desperation and you will not be successful in sales.
More on Attitude is Everything – Are You a "Reluctant Claimant?"
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Show Notes:
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.
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I have previously related my opinion that part time work can hurt your chances at getting approved for disability benefits. A couple of recent cases confirms my reservations. In one case, I represented a woman with a long standing diagnosis of fibromyalgia. Her medical record was extremely comprehensive, and included reports from numerous doctors attesting to the myofascial pain and debilitating fatigue that is typical of this chronic pain condition. I had functional capacity forms from 2 of her treating doctors that strongly supported my contention that she did not have the capacity for competitive work at any level. In my opinion, this claimant was as deserving as any fibromyalgia patient that I have ever represented, yet the judge denied the claim because my client had published a web site about her ordeal, and used the web site to as a forum to support her fellow fibromyalgia patients.
More on Episode 27 – Why Does Social Security Have a Problem with Part Time Work?
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This is the second half of my interview with Colorado Springs, Colorado Social Security disability attorney Tomasz Stasiuk. Today, Tomasz and I are focusing on the mistakes that we sometimes see and suggestions about how to best prepare for your disability hearing.
More on Episode 25 – Part Two of Jonathan's Interview With Attorney Tomasz Stasiuk
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This is part one of my interview with Colorado Springs, Colorado attorney Tomasz Stasiuk. Like me, Tomasz publishes a Social Security disability blog along with his firm website, and Tomasz encourages dialog with readers of his Internet publication. Social Security disability is different from other areas of law in that claimant's lawyers like Tomasz or myself cannot observe our colleagues when they try cases. This is done to protect the privacy of the claimants but I think it makes it more difficult for disability lawyers to improve our craft. Conversations like this one – between colleagues facing similar issues can help bridge this gap. I hope you enjoy part one of my conversation with Tomasz Stasiuk.
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Jonathan Ginsberg
