Part of what any good attorney does is listen carefully.
I am always on the look out for inconsistencies. Some problems are obvious, others may seem minor. But, they always run the risk of derailing a case.
- The individual with epilepsy, or other seizure disorder, who still has a drivers’ license and regularly drives.
- The PTSD or social anxiety disorder sufferer who still goes to their children’s school events, supermarkets or church service.
Social Security hearings are largely credibility assessments: can the judge believe what you say about your disabilities. If your testimony at hearing is inconsistent, why should the judge believe you are disabled?
I listen for these potential problem areas, because if I can spot a potential pitfall, we may be able to avoid it.
- The individual with a seizure disorder may have begged their doctor to let them keep their license. They may have very clear symptoms before a seizure, so they know when not to drive.
- I have worked with a number of people with PTSD, depression, bipolar disorder and social anxiety disorder who still go to supermarkets — but only at night (when there are no crowds), who go to church or their kids events — but sit in the back near an exit, or leave in the middle, or just wait in the car.
Many times, there are explanations for the apparent inconsistencies in a case. But, you have to be aware of them, and you have to explore them.
Good attorneys help people identify and resolve these problems. This is another area where if you have an attorney, but meet with the assistant instead, these subtle parts of your case may be missed.
