Posted by Louis B. Lusk
Those facing the prospect of testifying as the claimant in a Social Security Disability (SSD) hearing may approach the date with some trepidation; it is, after all, an important day. The claimant has seen his or her SSD application rejected at least once and has been told that the hearing is the best opportunity to be awarded benefits. An experienced SSD attorney can provide insight on how to maximize this opportunity.
Although the physical and mental impairments of a claimant are essential and questions may be posed further examining these areas, the judge at the hearing already has examined the medical record. Instead, judges often focus on the exact tasks previously performed and what the claimant is now capable of. In answering the questions, the claimant is better served by explaining in detail his or her limitations and avoid being conclusive, such as merely stating, “I am too disabled for any job.”
The nature of the SSD system is such that a claimant is not being evaluated as to his or her ability to get a job in the current marketplace but instead on the ability to do such a job if it did exist. Consequently, a claimant who insists that, “No job like that is available around here,” is offering irrelevant information to the judge.
Experienced counsel understands how the SSD system works and exactly what the judge is looking for under the appropriate rules and regulations.
Most first-time SSD applications are denied but that should not deter you from pursuing that to which you are entitled. To understand the SSD appeal process, call the Law Office of Louis B. Lusk, a Decatur social security disability attorney, at (404) 250-7000.