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If you have a Social Security disability claim in Maine or New Hampshire, please contact Gordon Gates or ask for a free Social Security claim evaluation.
We have arrived at reason #10 of our ten top reasons to write a hearing brief.
Reason #10 You will win more claims
Trust me on this. This is the reason that persuaded to write hearing briefs years ago. We found out the the judges were really reading them. And we won more cases. All the previous reasons in this list lead to this one. You will win more claims.
I hope these reasons have persuaded you to write a pre-hearing memorandum for each and every Social Security disability claim. As always, please leave a comment with your thoughts.
We are listing ten top reasons to write a hearing brief.
Reason #9 Your Client Deserves It
Would you ever tell your client that his claim is not important enough for you to spend a few hours writing a pre-hearing memorandum? Of course not. Your client is relying on you to do everything possible to achieve an award of disability benefits. You know how important those benefits are to your client. So just do it.
We are listing ten top reasons to write a hearing brief. Look for a reason a day through the 10th of July.
Reason #8 Get a bench decision
If your claim qualifies for a bench decision under HALLEX I-5-1-17, mention it to the judge. A bench decision can take a little preparation, so give the judge a heads up in the hearing memorandum.
We are listing ten top reasons to write a hearing brief. Look for a reason a day through the 10th of July.
Reason #7 Differentiate Your Claim
ALJs hear a lot of claims - several hundred a year. I am always concerned about my case getting lost in shuffle. A hearing memorandum provides an opportunity to differentiate your claim. There is something unique about your claimant's story. Maybe there is an outstanding prior work record, or the claimant heroically tried to go back to work after onset, or the claimant's injury occurred during military service. Be sure to tell the judge about it in your hearing memorandum.
We are listing ten top reasons to write a hearing brief in the first ten days in July. The list of best practices for claimants' representatives includes a request for concise pre-hearing briefs. Look for a reason a day through the 10th of July.
Reason #6 Have the judge "on the same page"
When a claim is unexpectedly denied, it sometimes seems that the judge had a completely different view of the claim than you did. A hearing memorandum reduces the risk of these unexpected denials, by clearly setting forth your assessment of the medical evidence and the legal reasoning supporting the claim. And since the hearing memorandum stays in the record, the judge can refer back to it long after your opening statement at the hearing has been forgotten.
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I have two disability hearings in Portland tomorrow morning. The hearing briefs have already been submitted. Interestingly, the husband of claimant #1 recommended me a year ago as a Maine Social Security disability lawyer to the husband of claimant #2, who then retained me. And now, a year later, the two claimants have back-to-back hearings with the same U.S. Administrative Law Judge. Both husbands will be in attendance.
We are listing ten top reasons to write a hearing brief. Look for a reason a day through the 10th of July.
Reason #5 The claim has a glitch
Sometimes a claim has a glitch. Maybe there was work after onset that is close to SGA, or an unsuccessful work attempt. Maybe there is a remote date last insured. Maybe there is a DAA issue. And perhaps a particular listing, regulation or Ruling should be reviewed prior to the hearing. All these issues can be addressed in your prehearing brief. If there is something quirky about your claim, deal with the issue in your memorandum.
A hearing memorandum should be written for every Social Security disability hearing, and submitted well in advance of the the hearing.
We are listing ten top reasons to write a hearing brief. Look for a reason a day through the 10th of July.
Reason #4 The Judge wants a Memorandum
A hearing brief can be very helpful to the judge. That's the point, after all. Since the memorandum is part of the disability claim file, it is available to the judge before, during and after the hearing.
A concise pre-hearing memorandum is on the list of best practices for claimants' representatives collected by the ALJs. Further, with hundreds of newly hired ALJs deciding claims, a memorandum is even more important.
A hearing memorandum should be written for every Social Security disability hearing, and submitted well in advance of the the hearing.
We are taking the first ten days in July to list ten top reasons to write a hearing brief. Although our office is closed today for the 4th of July weekend, the list of top ten reasons marches on.
Reason #3 Test drive your "theory of the case"
Every hearing memorandum should explain how the evidence and law affect each step of the 5-step sequential evaluation process. Writing the hearing brief will help you to evaluate your theory of the case. If you can't get past step 4 in your memorandum, you can't expect a judge to reach a different result.
A hearing memorandum should be written for every Social Security disability hearing, and submitted well in advance of the the hearing. The list of best practices for claimants' representatives includes a request for concise pre-hearing briefs.
To ensure you receive these daily updates, please subscribe to the feed in your reader (or you can sign up for updates by email).
We are taking the first ten days in July to list ten top reasons to write a hearing brief. Look for a reason a day through the 10th of July.
Reason #2 Be More Prepared for the Hearing
There is no doubt about this one. Writing a good pre-prehearing memorandum makes you better prepared for the hearing. It forces you to go through the entire record and put everything in context. Furthermore, you can refer to your brief at the hearing. Need the exhibit and page number for that 2nd MRI when the judge asks about it? It's in the brief.
A hearing memorandum should be written for every Social Security disability hearing, and submitted well in advance of the the hearing. The list of best practices for claimants' representatives includes a request for concise pre-hearing briefs.
To ensure you receive these daily updates, please subscribe to the feed in your reader (or you can sign up for updates by email).
A hearing memorandum should be written for every Social Security disability hearing, and submitted well in advance of the the hearing. I have previously written about the hearing memorandum in Maine and in New Hampshire. The exhortation to submit concise pre-hearing briefs is among the best practices for claimants' representatives recently compiled by the ALJs.
We taking the first ten days in July to list ten top reasons to write a hearing brief. Look for a reason a day through the 10th of July.
Reason #1 Be a Professional
Do your job as a lawyer. Just getting the medical records, a medical source statement, and attending the hearing with the client is not enough. Your opening statement to the judge could be forgotten by the time the next hearing starts.
A Social Security disability claim may have 10, 20 or 30 thousand dollars or more of back benefits. The future benefits are tens of thousand of dollars even for a claim with a low PIA. So for a case with a value of over $50,000 why wouldn't you write a hearing memorandum?
To ensure you receive these daily updates, please subscribe to the feed in your reader (or you can sign up for updates by email).
Last week I objected to two video hearings that were scheduled for August. I continue to be ambivalent about video hearings.
I have done dozens of video hearings. I think the technology works great. And in a case with very strong medical evidence, a video hearing can be fine. But in a case where the medical evidence alone does not demand a favorable decision, the client's testimony is very important. And something is lost in a video hearing: a personal connection is hard to achieve by video. So the claimant's testimony is less compelling.
The other factor that goes into my calculus is there is little reason for a video hearing at the Portland, Maine ODAR. This ODAR is #1 in the country for average processing time of disability claims. The wait time for a hearing in Maine is half the wait in much of the country. Since we have plenty of terrific ALJs live and in person in Portland, it makes no sense to me to go to the Portland hearing office for a video hearing with a judge somewhere else.
I recognize that having to reschedule a hearing and then fill the hole in the schedule is a thankless task for the Portland hearing office staff. But a recent memorandum from Social Security Chief Judge Frank Cristaudo makes clear that an in person hearing is the absolute right of a claimant.
Again, I have no problem with video hearings in general. But when the testimony of the claimant is particularly important, I would much rather be in the same room as the judge.
Disability Determination Services (DDS) makes the medical-vocational determinations for Social Security claims at the initial and reconsideration levels.
I have noticed that claims are moving slower lately at the Maine DDS. I checked yesterday on a claim on Reconsideration. The Reconsideration request was received by the Maine DDS on May 12. That's 6 weeks ago. The claim has yet to be assigned to a disability examiner for Reconsideration. Nothing happens with a claim until it is assigned to a disability examiner. So that 6 weeks is just lost time.
I inquired about the delay, and was told that it was due to an increased volume of claims and reduced level of staff at Maine DDS.
Unfortunately for the disabled worker with a Maine Social Security claim, this growing backlog at the Maine DDS threatens to offset the recent gains at the Portland Hearing office. So while the wait for a hearing in Maine is several months shorter than it was a year ago, those several months may now be spent at the DDS level.
