My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
It is a common known fact that applying for and obtaining your Social Security Disability can be a trying feat. You could be faced with one appeal after another, several hearings in front of an administrative law judge, and numerous interactions with your disability claim attorney. While most people can pinpoint the reasons why the Social Security Administration denies their claims, many have no idea what factors actually can help sway the odds in your favor of winning your claim right from the start. Here is a look at some pertinent factors in your claim which could help you see a better outcome in your case at a faster rate.
Your testimony directly correlates with documentation
You testify at your hearing that you are unable to lift, or walk long distances to work. However, in your medical records a doctor puts down that you stated you had spent the week hiking, so you were in more pain than usual. Things like this stand out more than anything to an administrative law judge who is handling your case. It shows that you may not be being completely honest about your condition or your inability to work. On the other hand, if your testimony directly correlates with your medical documentation without discrepancies, the odds of you winning your claim will be better.
You have a good solid previous work history
It may sound a little unfair, but claimants who have a stable work history usually fare better with their disability claim. This is because a judge can look at your work history and see that you held a work position pretty consistently until your injury or disability occurred. If you have spotty employment with large gaps between obs, there is no way of knowing if these missing gaps were due to you not wanting to hold a position.
Your treating medical professionals back up your claims of disability
If early in your disability, you have a treating physician who recommends you actually file for disability, make sure you have his claims and recommendations documented. If you have enough medical support from professionals, the judge could look at your case and know right from the start that it is not only you saying that you are disabled. This will always help give your claim a boost through the claims process because there will be enough supporting evidence to show you would not be able to maintain employment because of your disability.
For more information, contact a disability attorney like Bruce K Billman.