Social Security "Hearing" Stories
SURPRISES
Everyone loves a surprise, huh? That may be the conventional wisdom, but I’ve got to tell you, it isn’t always pleasant when it happens during a hearing. Here are a few true examples of unpleasant surprises at hearings:
The first case involved a gentleman who alleged disability primarily due to poor vision. Now this man really did have terrible vision and he had lots of vision tests to prove it. He worked as an optician, so he obviously couldn’t do that type of exacting work any more. The hearing was going well and the claimant did a fine job describing how he could no longer see to read, watch television, etc. But, when the judge asked him if he had any hobbies, my client said he loved to target shoot. Oh", said the judge, "do you still do this". "Oh yes", said my client, "5 days a week"." How long do you do this?" "About 4 hours per day", replied the claimant. My client got an unfavorable decision. Now, this story ultimately had a happy ending, We were able to get the decision reversed at federal court but it took an extra 3 years! Now, I had asked the client the question regarding hobbies and he never mentioned this hobby to me. Morale of the story: tell your attorney these things.
I represented a young woman with multiple impairments. Among other problems, she claimed an inability to reach overhead. At the hearing, she matter of factly stated that she was unable to lift her arms "like this". With that, she lifted her arms over her head. Morale of this annecdote: tell the truth.
I remember a middle aged man whose disability was due to a G.I. problem. The sole issue in his case was whether, during the period in question, he ever weighed more than 115 pounds. Reading the record, one could see that he saw a doctor about every 3 weeks and he got weighed at each visit. Nowhere in the record was his weight recorded at more than 115 pounds. But, at the hearing, the judge asked him if, during the period in question, he ever weighed more than 115 pounds. The claimant responded affirmatively. I asked the gentleman if he ever weighed himself and he replied no. I asked if he only got weighed at the doctors and the claimant testified that was the case. But, the die was cast. The judge seized upon the claimant’s testimony and denied the claim. Years later, the claimant won his claim when the federal district court reversed the case. Morale: If is isn’t so; don’t say so.
Some years ago, I represented a woman who alleged disability due to back problems. The medical records indicated that she, indeed, had a significant back impairment. But, according to all the records, the claimant was able to walk. When I arrived at the hearing office, I found the claimant sitting in a wheelchair. When I asked where she got the wheel chair, she replied that she borrowed it from a neighbor. Morale of this tale: act yourself, don’t try to be something different.
My last example today is another female client who alleged disability due to balance and back problems. I had asked her if she had done any work since her alleged date of disability. She assured me that she had not. When the judge posed the same question to her, she replied that she had tried to work. This happens a fair amount so I wasn’t that surprised. But, what came next really surprised me and the judge, too. The claimant described a job running a jack hammer while balanced high above the ground on a building under construction. Needless to say, she ultimately lost her case. Morale: keep it real!
To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyers maryland, and go to our firm bios and read about Dory Sutker or Suja Varghese.
Everyone loves a surprise, huh? That may be the conventional wisdom, but I’ve got to tell you, it isn’t always pleasant when it happens during a hearing. Here are a few true examples of unpleasant surprises at hearings:
The first case involved a gentleman who alleged disability primarily due to poor vision. Now this man really did have terrible vision and he had lots of vision tests to prove it. He worked as an optician, so he obviously couldn’t do that type of exacting work any more. The hearing was going well and the claimant did a fine job describing how he could no longer see to read, watch television, etc. But, when the judge asked him if he had any hobbies, my client said he loved to target shoot. Oh", said the judge, "do you still do this". "Oh yes", said my client, "5 days a week"." How long do you do this?" "About 4 hours per day", replied the claimant. My client got an unfavorable decision. Now, this story ultimately had a happy ending, We were able to get the decision reversed at federal court but it took an extra 3 years! Now, I had asked the client the question regarding hobbies and he never mentioned this hobby to me. Morale of the story: tell your attorney these things.
I represented a young woman with multiple impairments. Among other problems, she claimed an inability to reach overhead. At the hearing, she matter of factly stated that she was unable to lift her arms "like this". With that, she lifted her arms over her head. Morale of this annecdote: tell the truth.
I remember a middle aged man whose disability was due to a G.I. problem. The sole issue in his case was whether, during the period in question, he ever weighed more than 115 pounds. Reading the record, one could see that he saw a doctor about every 3 weeks and he got weighed at each visit. Nowhere in the record was his weight recorded at more than 115 pounds. But, at the hearing, the judge asked him if, during the period in question, he ever weighed more than 115 pounds. The claimant responded affirmatively. I asked the gentleman if he ever weighed himself and he replied no. I asked if he only got weighed at the doctors and the claimant testified that was the case. But, the die was cast. The judge seized upon the claimant’s testimony and denied the claim. Years later, the claimant won his claim when the federal district court reversed the case. Morale: If is isn’t so; don’t say so.
Some years ago, I represented a woman who alleged disability due to back problems. The medical records indicated that she, indeed, had a significant back impairment. But, according to all the records, the claimant was able to walk. When I arrived at the hearing office, I found the claimant sitting in a wheelchair. When I asked where she got the wheel chair, she replied that she borrowed it from a neighbor. Morale of this tale: act yourself, don’t try to be something different.
My last example today is another female client who alleged disability due to balance and back problems. I had asked her if she had done any work since her alleged date of disability. She assured me that she had not. When the judge posed the same question to her, she replied that she had tried to work. This happens a fair amount so I wasn’t that surprised. But, what came next really surprised me and the judge, too. The claimant described a job running a jack hammer while balanced high above the ground on a building under construction. Needless to say, she ultimately lost her case. Morale: keep it real!
To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyers maryland, and go to our firm bios and read about Dory Sutker or Suja Varghese.
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