YOUR DISABILITY HEARING WON'T GO LIKE YOU THINK

There is the imaginary world, then there is the real world.  They are often far apart.

Most individuals who apply for Social Security disability benefits think they understand the program.  They have hobbled together pieces of information from friends, family members, coworkers, neighbors and the media--that they feel provides them with a pretty good idea of what the Social Security disability "ordeal" will be like.

In reality, however, it doesn't work anything like people imagine it does.

One misconception that claimants have going into the disability process is the self-evident conviction that they are truly disabled based on the way they feel, the pain they have and the awful symptoms they live with day in and day out.  Anyone with just common sense can see that they are disabled and unable to hold a job.  Why would anyone question that?

The reality is that the Social Security Administration is very existential.  They question everything. They don't use any common sense. They must come to their own sense of reality.  

Sometimes, when I explain to a potential claimant how the system works, they lash out in disgust or anger:  That's nonsense!  I know for certain that I can't work.  Why would they put me through a 12-month process to figure it out?

When reality sets in, the claimant begins to see that Social Security operates by a certain set of predetermined, pre-established legal principles that must be dealt with in order to get benefits.  And they have very little to do with common sense or the feelings or convictions of the claimant or attorney.

I really like the way one Administrative Law Judge (ALJ) approaches a hearing.  She looks at the attorney and says, "OK, show me how I can pay this claim."

The judge wants to know how to satisfy the rules of the 20 Code of Federal Regulations, Section 404, Parts 1 - 99.  She doesn't need feelings, convictions, emotions, arguments or common sense approaches.  "Tell my how the law allows me to pay this claim and get away with it."

The smart lawyer has figured that out in advance of the hearing.  

Here's the moral of the story:  If you don't understand Social Security law, get someone who does!  

The hearing isn't going to be what you think.  The entire process isn't going to like you think.  Find a representative who understands the reality of this process, then trust what he/she tells you. You don't need to like the way Social Security operates, but you do need to be grounded in reality.  It is what it is.