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HOW TELEPHONE HEARINGS ARE DIFFERENT

Since the start of the COVID pandemic around March 2020, Social Security has held hearings on disability cases via telephone.  A telephone hearing is somewhat different than an in-person hearing.  Of course, the main difference is that the judge can't see you and everything must be related orally, not visually.

Telephone hearings may also mean that your lawyer is not in the same room with you during the hearing.  You may be at your home and your attorney may be in his/her office.  So you lose the edge of having your lawyer right by your side.  There isn't that glance or nod to indicate that you're on the right track.  You may also feel more alone and unsupported during the hearing.

That's why I try to hold telephone hearings from my office.  I invite the claimant to join me in my office or conference room so that we are in the same place during the hearing.  If nothing else, I think this simplifies communication and better supports the nervous claimant.

Phone hearings are often 3-way or 4-way communications.  The judge is one place, the vocational witness in another place, the claimant is at home, and the attorney is at his office.  It's a formula for communication problems.

You should pay close attention as your attorney prepares you for the telephone hearing.  There may be only one answer to a question; however, there may be a dozen ways to state the answer.  Your answers must be clear, direct and to the point. Preparation before the hearing is vital.

Here are just a few of the things I ask my clients to remember during a hearing......

1.  Be sure you understand the question before you try to answer.

2.  Always tell the truth but don't volunteer too much information.

3.  Use terms that always mean the same thing to everyone.  Avoid meaningless terms like "a lot, sometimes, not very bad, really bad and a little bit."  Try terms like minutes, hours, feet, yards, days, etc.  For example, "I can stand for about 20 minutes before I need to sit down."  (Not "just a little while").

4.  Decide whether "Yes" or "No" is an adequate answer, or if you should say more.  Example:  "Do you use any illegal drugs?"  Answer:  No.

"Do you drive?"  That may not be a Yes or No answer.  It may need to be, "Yes I can drive but I am limited to short distances due to leg pain," etc.

5.  Stay away from exaggeration and minimization.  "On a scale of 1 to 10, my pain is a 13 all the time."  The judge simply won't believe that.  On the other hand, "I take Percocet 4 times a day for pain but I don't let it slow me down." 

As stated, your attorney will go over this and much more with you prior to the hearing.  Pay careful attention and ask questions to be sure you understand what to expect.

_____________________

The Forsythe Firm has represented disability claimants for decades.  We take your representation seriously and will never charge a fee unless you are successful.  Call (256) 799-0297.

   

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