Why it is good to have an Experienced Disability Attorney

social security » home

 

Transcription:

Andrew Kinney
Hi my name is Andrew Kinney.  I’m an attorney at Hoglund Law Offices.  I have another attorney here today, Matt Garner.  Today I informally wanted to talk to him about what clients worry about when it comes to a social security hearing.  Now Matt, you do quite a lot hearings a year.  About how many have you done just this year?

Matt Garner
Up until July I’ve done over 300 hearings.

Andrew
So usually about every day you are in a hearing room?

Matt
Yes, I do about 10 to 15 a week.

Andrew
And in there you are talking to a lot of different judges?

Matt
Yes

Andrew
Are the judges different?

Matt
The judges are all different.

Andrew
But it’s all the same law, and there are different medical problems for social security case though right?  So you have judges that are different in how they look at the information?

Matt
Definitely.

Andrew
When you talk to clients, I take it, as in my experience, they are somewhat nervous going into a hearing.  What sorts of things do you tell them?

Matt
Well, for one thing, I prep a client differently for each judge.  And I think that my experience can really help with the different questions the judge asks.  But every judge is the same in the fact that they are not adversarial. They are not against the client. They are not going to yell at the client.  So I tell them it is not like a judge TV show where you have a Judge Judy who is yelling at you.  You are not going to have an attorney cross-examining you.  It is a lot more of a friendly, informal hearing.  I tell them it is more of a conversation about what is going on with you.

Andrew
So what is important, that they say exactly the right thing or they understand what the point of the hearing is?

Matt
I think the most important thing that they can get across to the judge is how they are feeling.  And the judge wants to know that.  They are not out there cross-examining the client; they are not out there going against them.  What I tell my clients is if you lead the hearing and if you let the judge know what is going on, that is the most important thing.  I will cater everything to a different judge because I know different judges pick up on more specific things, but in the end I think it is, if you let the judge know what is going on, then that is the most important thing.

Andrew
Now there is a federal judge at the hearing room, and there is an assistant that helps the judge in this private conference room.  But there can be a vocational expert and even a medical expert, but what can you tell to clients about experts at hearings?

Matt
I usually tell them that the medical expert might say something against them, but I have a chance to cross-examine them.  I am going to tell them that the vocational expert is going to list jobs, and that is what is going to happen.  They are going to list jobs that might be out there.  The judge can believe them or not about different jobs, but ultimately I have a chance to cross-examine them, and ultimately it comes down to you letting the judge know whether you can work or not. 

Andrew
What would you say about people who are not sure about hiring an attorney at least before you go into a social security hearing?

Matt
I know how to prep clients for the judges.  I know how to cross-examine the experts.  Most people who don’t know that don’t know how to cross-examine experts.  They don’t know how to deal with something like that.  It is important to have someone guide you through the steps to let you know what is going on and to be the reassuring side to you when you are dealing with the whole process.  Again you’ll have times when we have looked through the records, we know the records in and out, and the clients don’t usually know that.  The judges don’t have the time to look through all the records.  The experts don’t have all the time to look through the records.  But we do look through the records.  So we definitely have a step up where we are more informed about the client than the judge or experts are for the most part.  And that’s a time where we can really bring out the record and show that the medical records prove that someone can’t work.  You come to a hearing, and it’s hard for a client to read, understand, and know the differences in the medical records.  The judges don’t see it, the experts don’t see it, and we can bring up stuff and that happens time and time again where I will bring up a medical record where the judge or the medical expert goes, “oh yeah, I didn’t see that,” and it totally sways their opinion.  I feel bad for people not represented.  You are not going to have the expertise of a lawyer bringing that out and that could cost you monthly payments and possibly the ability to house or feed yourself.

Andrew
And you might have to start over.

Matt
Start over.  And that is the worst part when I get clients who lost at hearing and need representation starting over. 

Andrew
And I’m guessing we look at the situation and think perhaps if the information was presented the right way it might have turned out differently.  But it is too late then usually.

Matt
Right.  And you lose at a hearing, and you are starting at a step down.  We take clients who lost at hearings because we think they have good cases, but is just unfortunate that they go through that process.

Andrew
Thank you very much Matt for talking to us today.  If you have more questions about Hoglund Law Offices feel free to call the number below.  You can also go to HoglundLaw.com, we have information on there about the law as well as medical information that relates to social security, and finally we have information about us, including Matt.  Thank you very much.