HUNTSVILLE DISABILITY GUIDE

I always meet with my clients before a Social Security disability hearing.  I try to advise them to expect certain questions from the judge.  I try to tell them why these questions may be asked. I recently met one of my clients and told him that questions may be designed to sound like polite conversational chatter--but with the intention of getting the claimant to admit activities that deny disability.  I went through 5 or 6 typical questions that I hear judges ask at hearings. When we got to the hearing, the judge was very casual and amiable.  Sure enough, during the questioning of the claimant, the judge asked 3 of the questions I had used as examples.  My client did a good job answering the questions--truthfully--but in a way that gave a good picture of his limitations. My point is, experience is the best teacher.  A Social Security disability advocate is a great asset.  Perhaps the greatest value is the advocate's experience.  He or she ...

Fibromyalgia is a real disease that poses real limits on the ability to work.  Still, Social Security continues to have some problems in awarding benefits based on fibromyalgia. Social Security now recognizes that Fibromyalgia can be a disabling impairment.  Federal court cases continue to support that finding.  In Sublett v. Astrue, 856 F.Supp.2d 614 (W.D.N.Y. 2012 ), the District Court awarded benefits in a case where the hearing judge had rejected the opinion of the treating doctors in a case involving Fibromyalgia. The court ruled that, "the decision denying benefits is reversed and the plaintiff is awarded disability benefits." As with most Social Security disability cases, the key is persistence.  The correct decision will not be made at all levels.  So appeal unfavorable decisions to the next level when you believe your case has merit.

Claimants need guidance about answering questions at Social Security disability hearings.  I always advise my clients first and foremost to tell the truth, not to exaggerate and to be candid with the administrative law judge.  But claimants do need some preparation as to what kind of questions to expect.  They also need to know that some questions that seem like idle banter can be "trap questions." "How many grand kids do you have?  Do you play with them?  Can you lift the five year-old?"  Those are not harmless questions.  They can translate into, "You tell me you have a bad back and you can lift 60 pounds?" "Do you like to go fishing?"  Sounds harmless?  But it can lead to, "The claimant admits to recreational activities such as fishing." Any area of your daily personal activities can be misconstrued.  For example, "How many dogs do you have?  Who takes care of them?" All of these questions should be answered honestl...