Lawyers

Here Comes the Judge

Dirk May Law, Lawyers, Medical, Social Security Disability

What happens behind closed doors during a Social Security Disability Hearing?

First of all, there is not a lawyer working for Social Security who is trying to stop you from getting Social Security Disability. This does not mean it will be easy to be approved for Social Security Disability.

Second, the Administrative Law Judge who works for Social Security will be asking you a lot of questions. She will be the one making the decision in your case, and she wants to know how your condition limits your activities.

Third, the Vocational Expert will provide examples of jobs he thinks you can do based on your limitations. You will need to know how to ask questions of the vocational expert that will show you cannot work those jobs.

Fourth, the Judge will most likely not make a decision the day of your hearing. She will write up a decision and send it to you in about 60 days.

More questions about what will happen at your Social Security Disability hearing? Call me, Attorney Dirk May, at 309-827-4371.

Vocational Experts

Dirk May Jobs, Law, Lawyers, Social Security Disability

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.

Is There Hope for Social Security Disability?

Dirk May Law, Lawyers, Medical, Social Security Disability

Let’s put it this way, there is much more chance that the Obama administration will pay attention to Social Security Disability and try to improve the waiting periods for a Social Security Disability hearing than if this was the McCain administration.

It is much more likely that people in the Obama administration have closer ties with some of the groups advocating for people with disabilities and some of the legal groups who represent people with disabilities. 

There is also the matter of the same party being in control of the legislative and executive branches, and congress having to listen to constant complaints from constituents who cannot get a hearing.

The problem is that an overhaul of Social Security will take much money and a lot more employees. That would create jobs, but it is not exactly the type of stimulus being discussed in Washington.

What is Important at Your Social Security Hearing?

Dirk May Law, Lawyers, Social Security Disability

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.

Why Have a Lawyer for Social Security Disability?

Dirk May Law, Lawyers, Social Security Disability

Sometimes people will ask me if they need an attorney for their Social Security Disability case.

You are not required to have a lawyer for your disability case. However, in some cases Social Security takes your application more seriously if you have an attorney represent you.
A lawyer can also make sure all your medical records are updated and sent to the Hearing office in time for your trial.

A lawyer can ask the proper questions of your doctor for a supportive report. 

A lawyer will also know what questions to ask the vocational expert. You must put your limitations in the best light for you to win your case.

Finally,  there is only a fee if you win the case and the fee ranges from several hundred dollars to $5,300. There is never a fee on your monthly check. Considering your lifetime benefits could total several hundred thousand dollars, the attorney fees only are 1% to 2% of potential benefits.  Not a bad return.

Questions about your Social Security Disability case? Call Illinois Attorney Dirk May at 309-827-4371.