Hearing

If I have a Lawyer, Why Am I Doing All the Talking?

The one thing people are most surprised about when they go to a hearing is that the lawyer does not do all of the talking.  In fact, it is the claimant (aka “you”) who has to answer the judge’s questions.  I hear a lot of questions and comments about this.  
I went to my hearing and [...]

Hearing Tip: Be Specific or Be Denied!

Be specific when answering the judge’s questions at your Social Security hearing.
Avoid answering a question with, “occasionally,” “sometimes” or “every once in a while.”  This is not specific enough.  
To you, “occasionally” may mean “every other day,” but the judge may interpret it as “a couple of times a month.”  As a Colorado Social Security lawyer, [...]

Hearing Tip: Stay Positive! Your Attitude Matters!

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 [...]

Hearing Tip: Keep a Journal of Rest Breaks

Here is a useful exercise you can do to prepare for your hearing:  keep a journal of everything you do from the moment you wake up to the moment you go to sleep, including every time you take a break.  
Don’t worry.  You do not have to turn this in to anyone, not to your lawyer [...]

What if the Judge Wants Me to Change the Date My Disability Began?

Nate Craig of Truth of the Matter Asserted has a great article about what it means if a judge wants you to change the date you became disabled, or in Social Security parlance “amend your alleged onset date (AOD).”
Often, by the time the claimant’s hearing comes to be scheduled, the ALJ will review the file [...]

Hearing Tip: Don’t be Browbeaten by the Judge

You are finally at your hearing.  The judge, wearing black robes, turns to you and asks:
“You last worked in 2003, right?”
It is the “Dirty Harry” moment.  
Was it 2003?  Maybe it was 2004?  Or 2005?  Well, if the judge thinks it was 2003, it must have been 2003.
“Yes, judge”
Bzzt!  Wrong answer!
Do not guess the answer [...]

Hearing Tip: Comfort Rules!

Your hearing has finally been scheduled?  Wonderful!  What will you wear?
Does this seem an odd thing to ask?  After a ridiculously long wait, you finally get your chance to present your case to a judge.  There is a lot to think about:  Social Security’s standard of disability, the 5 step sequential evaluation process, answering the [...]

How Long Does It Take to Get a Social Security Hearing?

In my experience with Colorado Social Security cases, hearings are usually scheduled approximately 12-14 months after the appeal is filed.   That is the most common time frame that I see for having a hearing scheduled.
However,  I occasionally see cases scheduled as early as six months after the appeal is filed, and occasionally as late as [...]

I Got A Partly Favorable Decision, What Does That Mean? Am I Partly Disabled?

Getting a Partly/Partially Favorable decision in a Social Security disability claim is confusing for a lot of people.  
First, lets go over what it does not mean.  Under the Social Security system, there is no partly or partially disabled. Either your impairments keep you from being able to work (and therefore disabled) or not. [...]

How Long After My Social Security Hearing Does It Take To Get A Decision?

I went to my Social Security hearing. But, the Judge did not say if she was going to find me disabled or not. When do I get my decision?!?

As you personally experienced, in most Social Security cases, the judge does not rule on your case at your hearing. In Colorado, I only [...]

Know Your Judge

I enjoyed attorney Gordon Gates‘ post about knowing who your judge is in your Social Security case:
The first thing I want to know when I receive a hearing notice for a Social Security disability claim is the name of the administrative law judge (ALJ) who will hear the case and decide the claim. It probably [...]

The One Element Missing in Most Social Security Cases: A Medical Opinion of Limitations

To be found disabled, you generally have to show that you are unable to perform some type of full time work. This is a simplification of the Social Security disability standard, but it sufficient for this article.
The most common problem in Social Security disability claims is a lack of a statement of limitations from a doctor.
These statements go by [...]

Hearing Tip: Watch Out For These Questions

The Social Security Disability Blog got me thinking about some of the tricky questions I have heard judges ask at hearings. Here are my two cents.
It is fairly common to be asked the following questions during a Social Security hearing:

How long can you sit?
How long can you stand?
How far can you walk?
How much can you [...]