Having an advantage at a disability hearing
There are a few things that could give you an advantage at your disability hearing. The first would be to remember you are going to be before a judge, so dress and act accordingly. It is important to make the impression that you are respectful of the fact that you are in a courtroom before a judge. First impressions are important and if the judge's first impression of you is negative it could harm your chances of being approved.
The second would be to have up to date medical records in your disability folder. If you get a notice that you are scheduled for a hearing, you should contact your medical sources to obtain your most recent medical notes. It would not hurt to have a physician's statement in your disability folder. Physician's statements should include your diagnosis, treatment, and response to treatment, medications, and prognosis. It would also be helpful if your doctor offered their opinion as to the limitations caused by your disabling condition. Of course, this opinion has to be supported by objective medical evidence to carry any weight.
The third would be to have third party statements that describe the effects of your disabling condition and how they affect your daily activities. Your friends and family members are good candidates for third party statements, however former coworkers and supervisors might even be better. They can comment as to how your disabling condition affected your ability to work on a daily basis. Just make sure whoever provides you with a third party statement gives a reasonable honest statement. Remember it is important that their statements are credible.
The fourth would be along with up to date medical evidence you include a things like a pain diary if pain is an issue for you. Additionally, make sure you make the same statements you made with your initial disability claim at your hearing. The judge will be looking for any potential inconsistencies as it is their responsibility to make a determination as to your over all credibility as part of their disability case decision. Again credibility is one of the most important factors during your disability hearing.
Lastly, you have a distinct advantage if you have obtained the services of a knowledgeable Social Security attorney or Social Security representative. They will gather updated medical information, review your disability file, and they will go to your disability hearing with you. Social Security representatives have knowledge of Social Security case law and medical vocational guidelines that will improve your chances of winning your disability case.
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These pages answer some of the most basic questions for individuals who are considering filing a claim.
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