Disability

I rarely see my clients before the hearing. I review the medical record and prepare my case around it. I have my client do a paper about their medical problems when I first see them, and I review that paper and look to see what corresponds with the medical record. Just before the hearing I go over the record with my client and tell them what the medical evidence shows.

I tell my clients to be truthful and the practice in the my SSA hearings is for the Administrative Law Judge to ask questions. I follow up on questions I want in the record. These questions are from the paper the client had written, notes I had from when they first came into my office, or based on the Medical record.

At that point, the Judge turns to the Vocational Expert (VE) and asks him or her questions relating to what jobs can a person do with the same age, education and job history of the Claimant. The Judge then asks additional restrictions based on what Client said or what is in the medical record. These additional restrictions are added one at a time till the VE says a person with those restrictions can not work in any jobs that exists in substantial numbers in the national economy.

At that point I will ask questions adding more restrictions, except if the Judge's questions covered what I wants to ask.

The VE does NOT decide if you can not work, he is to give Expert testimony on what jobs people can do with certain medical restrictions. It is up to the Judge to determine which of the questions asked fit your situation. If the Judge decides it is the question that the VE said such a person can do certain jobs you are NOT disabled. If on the other hand, if the medical record and your testimony matches the hypothetical questions that the VE answered with the statement that no jobs exists, then you are disabled.

When in comes to the Testimony of the VE, he is answering the question being asked, NOT what you can do. Remember that when he answers. I advised my clients that the questions to the VE starts with "What jobs can a person of the age, education and work history of the claimant perform?" Notice NO restrictions, the VE would have to answer with a whole list of jobs such a person could do.

Now, in actual hearing the Judge most often starts not with the above question, but one much like it but with restrictions that reflects your medical record and your testimony. The VE will then testify what jobs such a person can do. The Judge will then add additional restrictions if he decides to, or your lawyer will add additional questions. Then the hearing will be finished and you will go home and in two to three months get a decision.

Now, if a client wants to see me before the hearing, I will schedule such a visit and go over what is in the medical record, which nowadays is mailed to me in the form of a CD disk (10-15 years ago I had to go to the local hearing office and copy the paper record the day or two before the hearing, every year or so I still get to do that, for it is a paper record for some reason. Paper records are getting rarer but I do run across them every so often.

In the interview before the hearing that a client asks for and I give them, after going over the record and talking about their case I tell them what to expect at the hearing an send them home. If they do NOT ask for an interview, I see them before the hearing and do the same thing. I have not noticed a difference in how my clients act in the hearing or how the Judge handles the hearing or even the questions I asks of the Client and the VE in the hearing. In many ways the interview just before the hearing works best for me, for the what the client tells me is fresh in my mind when we go into the hearing. The only time an interview has been good is if the Client has seen new medical doctors for new treatments (not just more visits) so I can get a head start at getting those records (SSA judges permit attorneys to submit additional medical records after the hearing if such evidence is NOT in the file on the day of the hearing).

Now, I know other attorneys who do have all of their clients see them a day to a week before the hearing. I am just pointing out I do not and it has been working for me. I would say I win 50-60% of my cases and since I work for legal aid and take in anyone coming into my door who is applying for disability, that is a good percentage. I get some loses, that once I get to look at the medical record, I know my client will lose. I tell my client this and tell them what they options are, one of which is to go through with the hearing, which is an option most of my clients wants to do, so we go through with the hearing. In a lot of my cases there is medical record to support the restrictions of the claimant, but the Judges just does not believe the claimant's testimony is credible and thus the claimant loses. I am NOT an acting coach or a drama coach thus what my client says are their restrictions and how the Judge views that testimony I have to leave to my client. I tell them to be truthful and I go from there.

Just a comment that I do not think it is bad that you have not seen your attorney, I hate to say this, that is my practice and it has been working for me. On the other hand, your attorney is your attorney and if you want to see him or her before the hearing that is your right. If a client asks to see me before the hearing, I will see them. If it would make you more comfortable to talk to your attorney before the hearing, your should do so and he or she should set an appointment up. You are paying his or her salary, any award to such attorney will come out of your Social Security arrears, thus you are paying them not Social Security. The Attorney is YOUR ATTORNEY, you are paying him or her, he or she should be ready willing and able to see you if you want to see them before the hearing. That is what I do for those clients who ask and I work for legal aid and thus they are NOT paying me. It is what any attorney should be willing to do for any client, so if you think you need to talk to your attorney, call him or her up and asks for a meeting.

I am just saying, such a meeting may NOT be needed by the attorney for the attorney to prepare the case for the hearing, but that fact sill does NOT mean you can not ask and the attorney can not give an appointment. If you want an appointment, asks for one.