SOCIAL SECURITY DISABILITY LAW BLOG
June 30, 2010
Strengthen your Detroit Social Security disability case by keeping a symptom diary
One easy way to strengthen your Detroit disability case is to keep a symptom diary.
A symptom diary is any means of recording your most troubling symptom(s). Your diary may take the form of a journal, a chart, a calendar, or any other format that allows you to conveniently and contemporaneously record your disability-related symptoms. For example, if your medical condition results in headaches, you can track the quantity and quality of your headaches with a monthly chart on which you note, every day, whether you had a headache that day; the intensity and duration of your headache; any related symptoms; and treatment of the headache.
The value of keeping a symptom diary stems from two practical realities of the Detroit Social Security disability system. First, in most Detroit disability cases, the success of your claim will depend on the success of your testimony at the administrative hearing. If your testimony does not include specific details and anecdotes about how your symptoms affect your daily activities, then you have not presented your strongest case. Second, nationally and in Detroit, disability hearings often occur many months after an applicant’s request for reconsideration is denied. No matter how good your memory is, this gap between the denial of your second appeal and the date of your hearing ensures that your testimony will benefit from reference to a detailed symptom diary.
A Detroit Social Security disability lawyer can counsel you on the best type of diary (or diaries) for your impairment. If you would like my input, please tell me about your case using the Free Claim Evaluation form to the right. I will respond promptly.
SOCIAL SECURITY DISABILITY LAW BLOG
June 16, 2010
Detroit disability attorney offers rules for testifying at your disability benefits hearing
In my experience as a Detroit disability attorney, most people are nervous about testifying before an administrative law judge at a disability benefits hearing. A little knowledge, however, can go a long way toward reducing this anxiety. I advise my Detroit disability clients to follow these simple rules:
1. Tell the truth.
The first rule is the simplest. Tell the truth. Do not exaggerate or minimize your pain or other symptoms. Be honest about how you feel and what you are capable of doing.
2. Know your abilities and limitations.
Michigan Social Security disability is a function-oriented program. The judge wants to know what you can do, in spite of your disability. Be prepared to answer questions about your ability to sit, stand, walk, lift, carry, push, pull and manipulate small objects.
3. Provide detailed examples.
Paint a picture for the judge by using specific examples of how your life and your ability to work are impacted by your disability. For example, do not say, “My back hurts all the time.” Instead, tell the judge about your daily routine, hour by hour. How has your daily life changed since you became disabled?
4. Speak up.
The hearing is your best chance to convince the Social Security decision-maker to award you benefits. Do not be shy about telling your story. You have to give the judge enough information to demonstrate that, in fact, you are disabled.
5. Plan ahead.
Good preparation makes for good testimony. Well in advance of your hearing, make a list of the jobs you’ve held in the past 15 years; the doctors you’ve seen; the medications you are taking; and your daily activities. If you are represented by a Detroit disability attorney, meet with him or her to talk about the hearing process.
I wish you success.
