4 Key Factors to Win your Social Security Disability Hearing (Part 2)

Q & A with 25-year Social Security Disability Attorney Andrew Kinney


Q: What are the main factors to help me win my Social Security Disability hearing?

A:  There are 4:  Your judge, your facts, your testimony, and your lawyer.  The first two factors were discussed in a previous blog.  The last two factors are discussed below.

Q:  Can my hearing testimony affect whether a Social Security judge approves me for Social Security Disability benefits?

A:  Yes.  There are two aspects to this question:  (1) Telling the truth, and (2) helping the judge learn about your limitations.  First, tell the truth at your Social Security hearing.  Do so in a simple and straightforward manner.  Your frankness about yourself is crucially important at your Social Security hearing.  The judge is trained as a lawyer.  Lawyers identify inconsistencies in facts.  You may relax, though, at this thought.  Your truth can never be wrong.  You know yourself better than anyone.  This leads to the second part—how your medical problems limit you.

Second, you can only help the judge learn about your limitations when you have insight into your medical problems.  You do not need to be a doctor.  But you do need to understand how your medical problems limit you more now than before you had them.  For example, you need to think about how your left shoulder issues limit your ability to reach forward at the grocery store.  Or, you need to think about how often you have trouble getting out of bed since your diagnosis of depression.  Some people have more insight than others about how their medical conditions limit them.  You need to learn how to explain your medical limitations to a judge.  This is where an experienced Social Security lawyer can help.

Q:  Is my lawyer a key factor in winning my Social Security claim?

A:  Yes.  I have seen it all.  Sometimes law is overlooked or misapplied at hearings.  Sometimes experts need pointed cross-examination.  Your Social Security lawyer will be with you at your hearing to argue how the law and facts support your claim for Social Security disability benefits.  An experienced lawyer, however, will also help you organize your thoughts and explain yourself at your hearing.  Some hearings turn on specific limitations, such as your ability to handle objects or be around people.  An experienced lawyer will know how your own words can make your day-to-day life come alive at your hearing.  If you would like to ask about having a Hoglund Law Offices attorney at your Social Security disability hearing, call us now at 855-780-4357.

Andrew W. Kinney, Esq.

Written by Andrew Kinney

Andrew Kinney is a graduate of the University of Notre Dame and Marquette Law School. He is in his 25th year of practice in Social Security Disability law. He speaks nationally on Social Security Disability practice, founded the Minnesota State Bar "Social Security Disability Section," and is an editor of the Social Security Pratice Guide, a five-volume legal guide published by LexisNexis.

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