DISABILITY HEARINGS: THE ONE PERSON WHO IS ON YOUR SIDE

5 persons are usually present in a Social Security disability hearing.  Only 1 of them is allowed to be on your side.

The 1 person who is on your side is your attorney/advocate.  He or she is the only person in that hearing with an open agenda--to help you win and receive benefits.

There is one person, and one person only, looking out for you.  That person is your advocate/attorney.

"Your advocate should be straining every nerve, muscle, bone and fiber to help you win your case and get benefits paid." 

The administrative law judge (ALJ) is NOT on your side.  He is a neutral fact finder who DENIES more claims than he pays. On average, the judge will only approve 42 percent of cases at the hearing level. He or she is NOT there to help you win (and does not pretend to be).

The vocational expert is NOT on your side.  This person, too, is supposed to be a neutral person, paid by Social Security, who cannot and must not be committed to helping you get benefits.  In fact, if the vocational witness were to be found biased in favor of the claimant, he would be disqualified and could not take part in the hearing.  I might add that most denials are based on the testimony of the vocational witness, which was NOT favorable to the claimant. This is not the expert's fault.  It is just the way the system works.

 However, there should be ONE person in your hearing who is 100 percent, totally dedicated to you and your interests--who is there for one reason and one reason only--TO HELP YOU WIN!  That person is your advocate or attorney.

 Your advocate should be thinking, listening, speaking, planning, questioning, challenging, cross-examining, arguing, pleading, advocating, fighting (legally)...straining every nerve, muscle, bone and fiber to help you win your case and get benefits.  The advocate is NOT neutral.  He or she is on your side...the only person in the hearing who is on your side.
"Do not go into a disability hearing without an advocate, falsely believing that someone there will be on your side.  They will not."

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