Social Security Judges- Watch What You Say

You need to be careful what you say when you testify at your Social Security Disability hearing.

Some Judges like to play the gotcha game.

Some examples:

Why are you telling me you cannot work, and you have been telling the Unemployment office you are available for work.

You claim you lost 40 pounds the last year, but the medical records show you were the same weight this time last year.

When is the last time you smoked marijuana?

When is the last time you drank alcohol?

The point is that you need to be careful when testifying.

You can explain that you thought you may be able to work part time.

You need to answer as you best recall. For instance, I believe I have lost some weight over the last year.

Do not lie about drug or alcohol use. It will come back to haunt you.

You can explain that you have sought treatment for alcohol or drug abuse.

The most important part of your Social Security Disability hearing is testifying truthfully.

If the Judge believes you are untruthful, then you have lost.

Questions about your Social Security Disability hearing? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

 

What Does the Social Security Judge Mean?

The main part of your Social Security Disability hearing is the Judge asking you questions.

Always keep in mind that the Judge is trying to decide if you can work.

When she is asking what you do at home, she is weighing whether this translates into being able to work full time.

When she asks why you cannot work a sit down job, she is deciding whether it makes sense that you cannot do a simple job with limited lifting.

Remember that most jobs require you to be use your hands and fingers a majority of the day.

Remember that pain reduces the ability to concentrate.

Remember that if you miss more than 1 to 2 days a month you will not be able to keep your job.

The Judges questions are asked for a reason.

Your answers should explain how your problems limit your activities.

Questions about your Social Security case? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

 

Will I Win My Social Security Case?

Many people will ask me if I think they will win their Disability case.

Truthfully, I cannot predict the outcome of your case.

Why not?

I have seen too many cases turn out differently than I thought they would.

It is just too unpredictable.

Each judge is different.

Each claimant is different.

The Social Security Judge may be having a bad day.

She may overlook unfavorable information in the medical records.

The Judge may feel sympathy for the disabled person.

The best I can do as a lawyer is to tell you what to expect from the Social Security Judge and the Vocational Expert.

And explain to the Judge why I think your limitations keep you from working full time.

Questions about Social Security Disability? Feel free to contact Illinois Social Security Attorney Dirk May at 309-827-4371.

 

Vocational Experts

What the vocational expert says during your Social Security Hearing is very important. It can make the difference between winning and losing your case.

For that reason alone I think you should seriously consider hiring a lawyer to represent you in your Social Security Disability case.

I have mentioned before that there is no cost unless you win your Social Security case, and then fees are limited to 25% of back benefits or $6,000 whichever is the lower amount. Compared to your lifetime benefits and Medicare coverage the fee is a very small amount.

The concern is that vocational expert can make it look like you had transferable skills that may not be correct, or testify that your limitations will allow you to perform a line of work that will make you not disabled.

For more information regarding Vocational experts and Social Security Disability please call me, Attorney Dirk May at 309-827-4371.

 

What You do if Your Social Security Disability is Denied

You must appeal if your Social Security Disability is denied at the initial or reconsideration stage.

Many people are denied and do not appeal.

If this happens your case will be over if you do not appeal it. You only have a limited time to appeal.

The only way to get to the hearing stage is to appeal after you are denied.

Once you reach the hearing stage you really need to have an attorney to represent you. An administrative law judge will review your case at the trial and ask you questions.

A lawyer can explain to the judge why your medical conditions limit your activities.

A lawyer can explain to the judge why your conditions meet the Social Security Disability rules and guidelines.

A lawyer can show why the witnesses who will testify that you can perform certain jobs are wrong.

Has your Social Security Disability claim been denied? Need to talk with someone? Call Central Illinois Attorney Dirk May at 309-827-4371.

 

What is Important at Your Social Security Hearing?

You are the main witness, and usually the only witness, at your Social Security Disability Hearing. So what you have to say to the Judge is very important.Your testimony before the Administrative Law Judge:

•  should be believable; not every day is a bad day and you are able to perform some daily activities. You should not exaggerate your pain, but you also should not down play your problems either. Tell the Judge what happens to you on a typical day. It helps to reflect on what you have experienced over the past several years. It may also help to keep a journal of your limitations.
• should be descriptive; it is not helpful to use terms such as “it varies” or “it depends”. You need to be able to tell the Judge types of items you have problem lifting, or how far you can walk, and how long you can sit. You should be able to give examples of problems you have around the house, and describe your pain.
• should be clear; you are at the hearing because you absolutely cannot work a full time job. If you tell the judge you may be able to work full time or you will try to work full time then you will lose your case and not be found disabled.

If you have any questions about Social Security Disability or what happens at hearings please call Illinois Attorney Dirk May at 309-827-4371.

 

What Happens at a Social Security Hearing?

A trial for your Social Security Disability case is nothing like what you see on Television. 

In Central Illinois- Peoria, Bloomington, Pontiac, Champaign and Springfield- the hearing is either held in the Hearing Office hearing room, a video conference room, or a Federal Court Conference room depending on where you live. The room itself is not that large. It does not look like a TV courtroom. There is no jury. So there is not a jury box.

The only people present are the Social Security Judge, known as an Administrative Law Judge, a monitor who runs the recording equipment, the vocational expert, yourself and your lawyer.

The monitor makes an audio recording of the hearing. Later a transcript may be necessary.

The vocational expert answers questions from the judge regarding jobs that you may be able to perform based on your limitations.

The Administrative Law Judge usually will ask you many questions about your educational and work background, your medical condition, and your limitations. Social Security does not have a lawyer so the judge will ask many more questions than other types of cases.

You will then have the chance to explain to the judge how your problems keep you from working and to question the vocational expert.

If you have any questions regarding your upcoming Social Security Disability hearing please call Attorney Dirk May at 309-827-4371.

 

Medical Records

I have had a few people hire me as their lawyer right before their hearing. One big mistake they have made is not updating their medical records.

Social Security gets the medical records up until the time you request a hearing. After the hearing request you must get your records for any medical treatment you have. The problem is that it is taking up to two years from Request for Hearing until the hearing date is set. If you do not have your records updated you will most likely lose your case.

Keep track of your doctors and when you go for treatment. Order your records and send them into the hearing office. If you represent yourself you will have to pay for your own records. Some lawyers will also make you pay for your own records.

I pay for my clients records myself and ask for reimbursement at the end of the case if we win. Any questions about medical records and what you need to do please call Attorney Dirk May at 309-827-4371. Serving Bloomington, Peoria, Springfield, Decatur and Champaign, Illinois. 

 

Are you Nervous?

Your Social Security Disability hearing is coming up soon. Are you nervous? Most likely. You do not know what to expect and the result is very important to you.

It is not like what you see on television. There is no big courtroom. There is no jury. The only people in the room are the judge, yourself, the vocational expert and the hearing room monitor(tapes the hearing).

In order to be more relaxed you need to know that the judge is going to ask you about your symptoms, your limitations, your daily activities, your work history, your education, your ability to do chores. The hearing is going to last from 40 to 50 minutes and you are going to have to ask the vocational expert questions. The judge will usually not decide your case on the spot. The judge will take from 30 to 60 days to issue a written decision in your case.

If you have any questions about what is going to happen at your Social Security Disability hearing please feel free to call me, Attorney Dirk May at 309-827-4371. 

 

Social Security Backlogs

Social Security News blog has updated statistics regarding the time it takes a Social Security Disability case to go from application to final decision. The National Average is 532 days.
In November 2007 it was 500 days.

The Peoria, Illinois Hearing office ranks 137th out of 147 Hearing Offices. The average case time is 761 days. That is very sad. The really bad part is that is that the Social Security Budget does not allow for much personnel increase at all. Which means the average is not going to go down dramatically in the near future.

The Peoria, Illinois office covers Peoria, Champaign, Springfield, Decatur, Pontiac and Bloomington, Illinois.

It is hard to tell your clients when they file that they will have to wait over 2 years for a hearing.

Questions about the long wait? Call Attorney Dirk May at 309-827-4371