here
November 25, 2016

Should I Bring a Cane To My Social Security Disability Hearing?

Many of my clients need an assistive device to get around more easily. The need for a cane, crutches, walker, or wheelchair may be necessary to walk even the shortest of distances.  Asking if you need to bring one of these items to your Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) hearing should not even be a question.  You either need this type of assistance or you do not.  The inability to ambulate effectively is necessary to fulfill a wide variety of jobs above the sedentary (Sitting) exertional level.  The need for such an item can erode the job base and can enhance your chances of winning your claim. Is it good enough just to go pick up a cane at the local pharmacy without a prescription or maybe borrow one from a relative? Many Administrative Law Judges (ALJ’s) will require you to have a prescription for an assistive device from your treating physician in order to recognize it as being medically necessary.  Many judges will not acknowledge the need for a cane without a physician stating it is necessary even though you may have been using it for years.  Documentation from treating sources can be key in a successful Social Security disability claim. Any medical source statements showing your inability to stand or walk for any extended duration may also convince the SSA that you are unable to perform certain types of occupations. As you age, and at the same time, have never engaged in or acquired transferable skills to a sitting occupation the SSA may find you disabled pertaining to medical vocational guidelines they use to make a finding of disability.  In Social Security’s world you inability to walk and stand can be a major factor in a finding of disability. In summary, this blog … Continued

Filed under: Evaluation Process, Qualifying Disabilities and Impairments || Tagged under:
0 comments || Author:

August 31, 2015

Being Truthful at Your Social Security Disability Hearing

You may have heard about the guy who leaves his Social Security disability hearing in a wheelchair, throws the wheelchair in the trunk of his car, and walks easily down the street.  Is this an urban legend, or do things like this really happen?  As an Indianapolis Social Security disability attorney I have never seen someone fake an impairment like that at a hearing.  I have had clients ask me, though, whether they should use or wear their assistive devices at their hearing.  My answer is always the same: if the hearing is a situation in which you would normally use your assistive device, by all means use it at the hearing.  Otherwise, leave it at home. Your credibility with the Administrative Law Judge (ALJ) at your hearing is very important.  In my experience, if the ALJ thinks you are untruthful about one thing, he may not believe anything else you say either.  Sometimes my clients are worried that the judge won’t be able to see how disabled they are if they don’t make a big deal out of their symptoms.  They go in to the hearing room acting as if it is the sickest day they have ever had.  Believe me, this type of behavior almost always give the ALJ the opposite impression – that the claimant is making things up.  For example, the judge may ask a claimant to rate her pain on a pain scale, where 0 is no pain at all, and 10 is pain so bad that she has to go to the hospital.  I have heard clients tell the judge that the pain they are experiencing during the hearing is a 10.  Obviously, they are not in the hospital; they are sitting in front of the ALJ at the hearing.  In my experience, it … Continued

Filed under: Appeals Process, Hearings Process || Tagged under:
0 comments || Author: