You\’re probably nervous about your disability hearing but there\’s no need to be, at least not if you\’re properly prepared – as a famous man once said, \”If you fail to prepare, then prepare to fail\”. Now while that might seem a little bit cheesy it\’s still very true today, and especially when it comes to attending your own disability hearing.
Let\’s take a run through what you need to know, and have ready, for your disability hearing.
Documentation
To ensure you have the best possible hearing do your due diligence and have all your medical evidence and documentation ready in advance – don\’t leave anything until the last minute. Remember that your disability claim will be judged on the facts presented and not the emotional content of your case. Also make sure you have a complete copy of all your medical evidence, including copies of the most recent and the oldest documents you can find.
Presentation
If you want to be taken seriously by any judge or legal professional then you need to dress appropriately – you can\’t expect to be treated with respect if you show up looking like you\’ve slept in a dumpster. Obviously you don\’t need to be wearing a three piece Armani suit, but at the very least show the court the respect it\’s due by wearing a clean shirt, pants and tie. Your personal presentation is important too when it comes to explaining yourself to the Court – you\’ll need to speak clearly enough and with enough volume for the transcriptionist, and any audio equipment, to record what you\’re saying. It\’s also important to describe the exact location and nature of your injury by pointing to it so that people at a distance can see.
Timely
You don\’t need to be working in the court to actually show up on time, and if you want to make a genuinely good impression then show up for your case at least 30-minutes early. Why? Well if another case is dismissed more quickly than people expected, or just never shows up, then there\’s a good chance that your case will be heard early. If that\’s the case then the judge is going to appreciate the fact that you\’re actually in the building and not wasting his time by showing up late.
Witnesses
It\’s a good idea to have several witnesses who can testify to your personal struggle with your disability. One or two witnesses are more than enough, so don\’t go assembling dozens of witnesses because the judge simply won\’t entertain the idea.
Your Claim
There are some basic things you need to know about proving that you\’ve actually eligible for disability and the most basic of these are the following:
- You must be able to prove you\’ve been unable to work for at least 1 year
- You must be earning less than $1,000 per month
- You must be working fewer than 40-hours per week
What If You Look Healthy?
Just because you might look physically fit and healthy this doesn\’t cover mental health or neurological problems, or even a physical injury such as a back injury, something which any experienced judge will take into account. It\’s also important that you don\’t try to fake or exaggerate your injury, because once again an experienced judge will spot this a mile away. Always remember that accurate and up-to-date medical evidence makes up around 80% of a court\’s ruling for or against you!
Here are some other tips to focus on before your hearing:
- Don\’t argue your case, just state the facts and work on that – arguing the case is your lawyer\’s job
- Don\’t compare yourself to others, or similar cases
- Don\’t look for sympathy – your current financial circumstances aren\’t a factor
- Don\’t try to prove you\’re a \”good person\” – the judge doesn\’t care
- Avoid drama shows because they\’re the quickest way to have your claim dismissed