I am going to let you in on a secret. In my years helping people with Social Security disability cases in Colorado, I have seen time and again: Judges respond to a positive attitude.
Here are some questions I have heard judges ask:
What do you see for your future?
Where do you think you will be in a few years?
Do you see things getting better or worse for you?
Take a moment and consider how you would answer these questions…
How would you view the following response:
I am having a really hard time right now. But, I am hopeful. I am seeing my doctor. We are trying new things. I don’t think I can do my old job. But, I can see things getting better at some point. I want to go back to school so I can do a lighter job at some point down the road.
Now, consider this response:
My life is over. Things just aren’t getting any better. My doctors can’t do anything for me. I don’t know what I am going to do.
The positivity of the first response is infectious. The person is not conceding any current limitations. Nor is he saying he is not disabled right now. The person is simply hopeful for the future.
The second response may be viewed negatively by Judge. Why? It is not the negativity of the response. There are certainly catastrophic injuries and illnesses which can make people feel that despondent.
The problem is that the second response suggests the possibility of a psychological or personality based magnification of symptoms. That may seem like quite a jump to that conclusion. But, it is a leap a Judge may make.
Please note: I am not saying that depression is not real, or that you cannot get Social Security because of depression. A substantial percentage of people I have helped, have won their cases due to depression. I am simply saying that in my experience, Judges respond better to a positive outlook than a negative one.
Judges want to see someone who is positive about the future, and can visualize their condition improving to the point that they will be able to go back to work.
Whether you agree with this or not, it is something to keep in mind when you get ready for your hearing.
What are some of the odd questions you, or someone you know, have been asked at a Social Security hearing? Tell me in the comments!
