How Has the COVID-19 Crisis Changed Social Security Hearings?
Telephone hearings in Social Security disability cases require very different preparation for both claimants and their attorneys. If your lawyer’s office tells you otherwise, they need to rethink how they prepare for cases because there is a very different dynamic associated with phone hearings.
As I discuss in this video, a telephone disability hearing consists of a 5 way conference call - you, your attorney, the judge’s hearing reporter, the vocational expert and the judge. Everyone is in a separate location. Unlike in person hearings, you will not have your lawyer sitting next to you, offering moral support and non-verbal encouragement.
As such, your lawyer needs to spend more time with you prior to your hearing practicing with you as you answer likely questions. In my practice, I am now spending twice as much time with hearing preparation and I schedule my pre-hearing conferences much further in advance.
Because you lose the face to face interaction with the judge, you must be more definitive and clear in your verbal communications with the judge. For example, when you describe your medical problems, you should speak about specific diagnoses and avoid generalizations.
When you testify about your activity limitations you want to be very specific, and describe those limitations in terms of minutes and hours, feet and yards, and time.
Judges will get frustrated if you speak in generalizations or lose focus. Your attorney can rescue you to some extent but if you truly prepare, you will be better positioned to give the judge exactly what he/she needs.
Telephone hearings are unlike anything you have been through but you can greatly increase your performance level and your chances of success with the correct preparation.
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