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KARL OSTERHOUT: Hi. What we're hoping to accomplish for our current clients who are viewing this video and for potential clients it to explain what happens at a Social Security hearing and what we can do to help you get through it.
Now you've probably waited for this hearing for a very long time and we realize how important it is to you. And we know the amount of time you've waited has probably made you more nervous about what's going to happen and what the outcome of the hearing will be. Hopefully this information will be helpful.
[GRAPHIC: The Law Office of Karl E. Osterhout LLC Why you need a hearing Experienced Aggressive Personal]
KARL OSTERHOUT: Now we're frequently asked by clients why they have to have a hearing in the first place when all their evidence has been submitted. Now there's actually quite a few reasons for that but the simplest answer is just the best one.
Although your disability is obvious to you, the hearing is the only time in a Social Security case where you are given the opportunity to explain face to face what your problems are and how they affect you. For the most part, people with very obvious disabilities, such as blindness or paralysis are awarded benefits just on the basis of the evidence and they don't usually have to go to a hearing. But most people's disability is more complicated than that. And the opportunity to explain it directly to the person who will be making the decision is invaluable.
[GRAPHIC: The Law Office of Karl E. Osterhout LLC How we will prepare you Experienced Aggressive Personal]
KARL OSTERHOUT: Most clients, probably you too are nervous about their hearing. If you're already our client and your hearing has been scheduled, then you should have received or you will receive shortly written information about what to expect at your hearing and how to prepare.
We also will spend time with you prior to the hearing going over the questions the judge is likely to ask you. This way you'll have a chance to answer them for us in a less stressful setting. Doing this hearing preparation ahead of time gives you time to think about what we've discussed so that by the day of the hearing you really will have a pretty good idea of what happens. On top of that, we'll talk to you again immediately prior to the hearing and go over any last minute questions and reinforce the things that you've told us that we think is the most important.
[GRAPHIC: The Law Office of Karl E. Osterhout What to expect from the judge Experienced Aggressive Personal]
KARL OSTERHOUT: Before I go into detail about what happens at the hearing, let me tell you first that the vast majority of Social Security judges are courteous and professional. They are rarely any fireworks in a Social Security hearing. It's not the judge's job to trick you or trap you into saying something you didn't really want to say. In other words, they're not a prosecutor or a defense attorney that's trying to build a case against you for instance.
On the other hand, it's not really their job to be on your side either. That's our job. The best description I've ever come up with for what a Social Security judge does is to think of a referee in a football game. They send him or her out on the field so to speak with the rule book and their job is to call them as they see them regardless of who wins.
Now there's always a few bad apples in every barrel, but I've appeared in front of over 500 Social Security judges and I've found most of them to be compassionate, patient and fair.
[GRAPHIC: The Law Office of Karl E. Osterhout What to do before your hearing Experienced Aggressive Personal]
LINDSAY BROWN: Now let's walk you through on how to prepare and what to expect on the day of your hearing. Social Security hearings are far more informal than what you may have seen in a civil or criminal case as depicted on television.
You can dress comfortably for your hearing. A suit or skirt is not necessary. I tell many clients to dress as they would for a doctor's appointment. In many cases, a claimant's condition limits what clothing they can wear comfortably. For example, someone with an eczema outbreak on their body most likely has to wear very loose clothing since constrictive fabric may rub their skin and aggravate their condition. Or someone with swollen feet from gout may need to wear unlaced tennis shoes or even slippers.
On the day of your hearing, engage in your normal routine. What I mean by this is to take whatever measures you generally take when you have to leave your home. So take your medications as you normally would and if you use an assistive device such as a cane, bring it with you.
[GRAPHIC: The Law Office of Karl E. Osterhout LLC What to do when you arrive Experienced Aggressive Personal]
LINDSAY BROWN: When you get to the hearing office, especially if it's in a federal building, you will have to present ID and check in with security. If you do not have a valid driver's license or state ID card, get one now. You can get a state ID at any driver's licensing center. Do yourself a favor by taking care of this early so you're not rushing the day before your hearing trying to get a valid ID. You do not want to risk being turned away by security because you do not have proper identification.
During the hearing itself, you are free to sit and stand or move in your chair as needed. The average hearing lasts 30 to 40 minutes. If you have a physical problem such as severe back pain, sitting in a chair for 40 minutes may significantly increase your pain. The judge is aware of your condition from reviewing the file and will not be upset if you change positions in your chair or alternate between sitting and standing. Moving around will not considered as disrespect to the judge.
There is a microphone in the hearing room to record your testimony. So as long as the judge can hear you speak, it'll pick up your voice whether you're sitting or standing. On that same note, you want to speak your answers. Since the hearing is being recorded on audiotape only, the recorder cannot document head nods or answers such as uh-huh, so answer with a yes or a no and you can refer to the judge as Your Honor.
[GRAPHIC: The Law Office of Karl E. Osterhout LLC What happens at the hearing Experienced Aggressive Personal]
LINDSAY BROWN: Now, to the hearing itself. Usually there are a few formalities at the beginning when the judge will speak with the representative about whether the file is complete. Sometimes arrangements are made at the beginning of the hearing for the judge to request evidence or for the attorney to obtain evidence after the hearing. This is completely normal.
At that point, you will be sworn to tell the truth, and in most cases, the judge goes first and asks whatever questions he or she has. Some judges will turn the hearing over to the attorney to present your testimony. Either way, the topics that are covered in the hearing are almost 100% predictable. Typically, you'll be asked to confirm your basic information like your name, address and birthday.
And in some cases, it's necessary to obtain detailed information about your work history. Social Security will look at your employment during the last 15 years to gain a sense of your work experience and the skills you've obtained. If you've had several jobs, don't worry about having to remember specific dates. The judge and I have a copy of your Social Security earnings record which lists your employers, so we can help walk you through the timeline. What is important is to describe what you did at each job so the judge knows what type of work you did.
With respect to your medical information, you'll be asked who are your current doctors and what, if any, predications they have about whether your medical condition will improve and what, if any, upcoming medical tests or consultations with specialists have been arranged for you.
You'll also be asked about your medications, whether or not you take them, and whether they give you any side effects. If you are undergoing any specialized treatment, such as physical therapy or mental health therapy, you'll be asked to describe that also. All of the above tends to go fairly quickly. Most of the hearing is spent discussing your medical problems and how they affect you on a day-to-day basis.
Typically the judge, or the attorney, will try to separate your impairments as much as possible and discuss them one at a time if you have more than one. For instance, if you have back pain and depression, we would typical try as much as possible to talk about those two medical problems individually so that it's clear to the judge how your various medical conditions affect you.
With respect to any physical complaints you have, you'll be asked to explain how they affect your ability to sit, stand, walk and lift and whether they affect your ability to assume various postures such as stooping, bending or crouching. With respect to mental impairments, you'll be asked to describe how they affect such things as your ability to relate to other people, concentrate or handle stress.
You will also be asked to explain how all of your impairments affect your ability to perform daily activities such as cooking and cleaning. You will need to explain whether you need help with these daily activities such as getting your shopping done or cleaning your home. You will also be asked whether your impairments affect your ability to sleep and whether you need to rest or sleep during the day.
Generally, most clients go through their day without noticing how often they rest during the day, or how long they can be active before they need to rest. It is important to explain to the judge how you perform these activities. For example, if doing the dishes for you means that you can only stand at the sink for five minutes and then you must take a break, tell the judge that. Describe to the judge how many times you rest every day and for about how long each. It's a good idea to start paying attention to these things now so you can give the judge a clear picture of your functioning during the day. Otherwise, the judge may assume you can do more than you actually can.
On this same note, most people don't have the same degree of disability day in and day out. For instance, in the case of back pain, it's not unusual for someone to describe having good days and bad days. Some days they're able to get most of the things done that they need to do. But on other days they need to rest a lot and put off doing things like going shopping because they're just unable to do it.
In cases like this, we'll have you describe differences between a good day and a bad day, and estimate how frequently you have days where you're unable to perform your daily activities. We know that you cannot give exact answers since each day varies, and the judge understands this too. That is why it's okay to give averages or estimates. For example, if you experience headaches sometimes once a week, other times twice a week, it's okay to say you have a headache one or twice a week.
[GRAPHIC: The Law Office of Karl E. Osterhout LLC What about witnesses or experts? Experienced Aggressive Personal]
LINDSAY BROWN: In many cases, the Social Security judge has asked additional witnesses to be present. In almost every case, a vocational expert will be present and testify. In some cases, the judges will ask a medical expert to appear at the hearing. Vocational experts are asked to describe the type of work you have done in the past and to give the judge examples of the types of jobs someone might be able to do with certain limitations.
Medical experts are usually called to testify about whether or not a client's medical condition meets the exact requirements of the Social Security regulations. Preparing to question vocational and medical experts is something that we do all the time. And we will plan your case keeping in mind any additional witnesses.
What we think helps our clients most is to know first that these witnesses are not called to testify against you. For instance, it is not the vocational expert's job to find you a job. Although their fee is paid by Social Security, they answer any question put to them as accurately as they can regardless of how that answer affects the outcome of the case. And of course, as I've just said, we will be prepared to question them and obviously we will do that in a way that helps establish that you're entitled to benefits.
KARL OSTERHOUT: Now, while it's true that these hearings are fairly informal and that the judge is not out to get you, there are some important guidelines that can help you with your testimony.
[GRAPHIC: The Law Office of Karl E. Osterhout LLC It's okay to say, "I don't know" Experienced Aggressive Personal]
KARL OSTERHOUT: First, believe me when I tell you that it's okay to say "I don't know" or "I don't remember" if that's true. So many times I've seen claimants start guessing in the hearing and frankly it often leads to trouble. The hearing is not a memory test and you're not expected to have the exact dates of your life memorized.
If you're asked a question by the judge or your representative that you don't know the answer to, I assure you I've never seen anyone denied benefits because they honestly didn't know the answer to the question. If the answer actually is important and it's not in the file, sometimes the judge will give us the time to write to a doctor or an employer to obtain that additional information. But it's never on you to remember something that you honestly don't know.
[GRAPHIC: The Law Office of Karl E. Osterhout LLC Keep it simple Experienced Aggressive Personal]
KARL OSTERHOUT: The second thing to keep in mind is that the most simple and straightforward answer is always the best answer. It's not like all the questions can be answered with a yes or a no, but for the most part you will be asked a lot of short answer-type questions with one question leading directly to the next.
So, for instance, we do not begin the hearing, sit back in our chair and ask you to tell us all about yourself. This would put all the pressure on you. Instead, just let the questions do all the work. Give the short answer to the short question you've been asked and then wait for the next question. Try not to think about what the judge just asked you or what he might ask you next. Just take it one question at a time.
Now sometimes in the hearing there may be short pauses between questions while the judge or the representative is looking through their notes. This silence is not a cue for you to continue talking. Sometimes during these pauses, clients will begin to blurt out new information. It's usually a bad idea and it's usually when a claimant will say something that they might end up regretting. So if there are pauses in the hearing, be happy for them and take the time to relax.
[GRAPHIC: The Law Office of Karl E. Osterhout LLC Keep the goal in mind Experienced Aggressive Personal]
KARL OSTERHOUT: The third important guideline is to keep in mind what we're trying to prove. We do not have to convince the judge that you are useless or that you can't ever do anything in order to be successful. To find in your favor, the judge needs to believe that you would not be able to work five days a week roughly eight hours a day, week after week on a consistent basis.
And as we've already said, most clients don't have the same degree of difficulty each and every day. So the answer to a question like can you clean your house might honestly be "some days I can, some days I can't" and that's a perfectly fine answer if it's true. So just remember that the goal is not to convince the judge that you have one foot in the grave or anything like that, but only that you would not be able to reliably show up for work five days a week on somebody else's schedule.
[GRAPHIC: The Law Office of Karl E. Osterhout LLC Just tell your story Experienced Aggressive Personal]
KARL OSTERHOUT: Finally and somewhat related to what I just said, keep in mind that your story is your story. During our preparation for the hearing, we're going to give you lots of information and we'll help you organize your story into what's important and what's not. But in the end, do yourself a favor and remember that you do not have to tell your story in fancy words or medical terms. I've never met the client who forgot how they've been feeling or what their life has been like.
And when you boil it down, the main reason why your testimony is so important is because you're the only one who knows the answers to these questions. So there really aren't any wrong answers. I know it sounds corny, but I keep saying it anyway, the claimants who do the best in their hearing are the ones who simply speak from the heart about what only they know in their own words. To state the obvious, judges are people too. They're more likely to be convinced by someone who is genuine and who's obviously trying to be helpful.
Clearly, the individual facts of your case will dictate what we need to discuss with you prior to the hearing and some cases are more complicated than others. If you're already our client we hope this have reinforced some of the things we've tried to explain to you.
If you're thinking about asking us to represent you in your case, I hope this has helped to show how seriously we take our client's hearings and how we might be able to make a difference in yours.
And if you're already represented, or you'll be attending the hearing without representation and you're just viewing this video to obtain additional information, we hope it has helped and we wish you all the best.
[GRAPHIC: The Law Office of Karl E. Osterhout LLC 1-866-759-7649 www.MyDisabilityAttorney.com Experienced Aggressive Personal]