You have been denied twice and now your case is set for a hearing before a Social Security Judge but he does not believe your complaints. What can you do? There are Social Security Judges who do not believe in any subjective complaints. The Rule is if you have an impairment that “could" cause your pain then the Judge has to make a judgment call on whether you actually have this severe pain. Usually, if the pain is ruled severe you will win your case. However, if the pain is considered mild or moderate, the pain will not be considered disabling.

First, the Judge will look at whether you have a condition that could cause the pain. Then he will look at what the medical records say about your pain. Thus, if your main treating doctors say you are performing normal activities despite your pain, the Judge will cite this in denying your claim.

Second, even if the treating doctor has said you are “disabled," the Judge may disregard this opinion if the doctor’s treatment records are not consistent with this opinion.

Third, often there will be an examination report from a Social Security doctor in the record. More often than not this report will be unfavorable. The Judge can cite this report to deny your claim.

Fourth, at various stages in the Social Security process, you are required to submit various statements to Social Security. If in these statements you say can cut the lawn, drive a car, take care of your children, go camping, do grocery shopping, clean your house, etc., then the Judge may cite one or more of these activities as being inconsistent with a claim of disability and severe pain.

Fifth, if you complain about severe pain but take no narcotic drugs, the Judge may well rule your pain complaints cannot be severe because your pain is not severe enough to require drugs.

Sixth, even though your doctor says your condition is severe and even if his treatment records support his opinion, the Judge could still disregard this opinion if the doctor is not an expert in your impairment. For example, if your general practitioner says your fibromyalgia is disabling, the Judge may disregard this opinion on the grounds the general practitioner is not an arthritis or rheumatologist specialist.

Seventh, the Judge could rule against you because you have done light duty work in the past and the Judge says despite your pain you have the residual ability to do light duty work.

Eighth, the Judge could rule that despite your pain you have transferable skills and these skills transfer to light duty work that you can do despite your pain.

Conclusion:

A Judge can rule against you for many reasons. The only way to anticipate these problems is to have an experienced Social Security attorney who can prepare your case long before your hearing. Even if you have a Judge Turn Him Down, the attorney will know how to prepare a good record with witnesses and medical reports so you can win the appeal if you do lose the hearing.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus is a practitioner of Social Security Disability law in the Richmond, Virginia area for over 30 years. He was given an "AV" rating by Martindale Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com You can call Jerry Lutkenhaus now at 804-358-4766 for a free consultation about your disability case.

Source: www.isnare.com