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I think it is very important to be prepared for your Social Security Disability hearing.

You usually have to wait about one and half years for your disability hearing. So you do not want to mess it up.

I like to talk with my client about what is going to happen at the hearing at least 30 to 40 days ahead of time.

This gives me time to decide what other records are needed before the hearing.

It also gives the claimant time to think about the questions the Judge will ask and how they will answer the questions.

I also like to remind the claimant right before the hearing what the Judge is going to ask and what she will look for when she decides the case.

This will refresh your memory and help you to focus on what is important to the Judge.

At times I have had people tell me that they have some experience testifying in court and that they do not direction or feedback about their case.

This usually ends very badly.

Never go into court overconfident.

The Judge is the one is making the decision whether you are disabled.

Do not make the Judge mad or frustrate her.

Remember your lawyer is here to help you and get the most out of your testimony and make sure that you are presenting your case in the most favorable light possible.

Right from the beginning, you need to know how Social Security decides whether you are disabled.

This is important because those who review your claim are looking at the application and your supporting documents and your responses to their questions.

Sometimes the workers who take your application will even write comments in your file about their observations of your condition.

The first question is whether you can do your old job?

If you can perform your old job, then you are not disabled.

If you cannot do your old job, then can you do any job?

If you can do any job, then you are not disabled if you are under 50 years of age.

The questions Social Security asks about your conditions are looked at in the light of how they limit your activities.

Questions about daily chores, taking care of pets and children, what you do all day, where you spend your time, what you can lift, how far you can walk are all asked to determine whether you could do this in the workplace on a consistent basis.

Questions about your past work regarding lifting, standing, sitting and walking are important because it may mean you can do your old work.

Be very careful how you make your application for Social Security Disability and how you answer the questions sent to you. They may be used to deny you disability benefits later in the process.

Knowing the answers to these 5 questions will help you in your Illinois Workers’ Compensation case.

1. How did your injury happen? It seems simple that you should know how your work accident happened, but you need to review exactly what happened and explain it to your doctor and your supervisor. It may make the difference between an accepted claim and a denied claim.

2. What notice of your injury did you give work? The earlier the better. It is also good to prepare an accident report detailing all of your injuries and how they happened.

3. What medical treatment have you received? The type and extent of your treatment may be important to your settlement value at the end of the case. So pay attention to what the doctors recommend and make sure you tell the doctors how you are responding to your treatment as you receive it.

4. What do you notice about your condition now? Once treatment has been completed the Arbitrator will want to know what pain you experience, how your range of motion is limited, how your activities are restricted, what ongoing treatment is needed.

5. What limitations do you have? Are you limited in your lifting? How about bending and twisting. What affect does your condition have on walking, standing and sitting? What about reaching and gripping?

Questions about your Work Comp case? Feel free to contact Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.

You want to be prepared to answer these questions at your Social Security Disability hearing.

1. Do you use street drugs? Do you use alcohol to excess? Social Security Judges will deny you if you they believe that your drug or alcohol use interferes with your ability to work. A good response is to explain that you have sought addiction treatment successfully. Or that you attend AA or NA meetings.

2. Do you receive Unemployment benefits? Some Judges will penalize you for receiving unemployment benefits. They believe that you are telling them that you cannot work and you told Unemployment that you were available to work. A legitimate response is that you are willing to try at least a part-time job, or you were seeking work where they would let you take unscheduled breaks as needed, or miss days when you were in too much pain to function.

3. Why can’t you work? Be prepared for the frontal attack. It is usually not good enough to tell the Judge that you have to get up and down too much.
Does your condition make it so that you would miss more than 2 days per month? Why? Does your pain reduce your concentration to the point where you lose focus and keeps you off task for much of the time.

4. What if the Vocational Expert says you can work a job? You need to ask the Vocational Expert how many days can you miss a month and still keep your job? How long do you need to stay on task to keep your job? What if you are limited to using your hands occasionally?

5. What do you do all day? Some Judges equate daily activities with the ability to perform work. Remember to tell the Judge if you need to take breaks and rest throughout the day.

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