by David F. Chermol, Esquire

Many of our clients are surprised that we are able to win their cases without even going to a hearing before a judge. How are we able to get fully favorable decisions without a hearing? The answer is this: hard work.

There are many factors which can affect whether a case can be allowed without a hearing. First, you need to obtain the necessary opinions from treating sources along with their medical records. Often times Social Security has not obtained all of the records or has not updated them in over a year. In addition, Social Security rarely requests the opinions of treating sources. It is not easy obtaining treating source opinions. It takes a great deal of persistence. Doctors are so busy that they generally will not stop to complete the forms we send them. It takes a partnership between our office and the client to consistently remind the doctors to complete the forms and return them to our office.

Second, it takes a keen eye to review the medical opinions from any of Social Security's examining doctors or psychologists. Clients are often disappointed when they read the reports of the government's doctors. These doctors may have told the client that they fully support a finding of disability, but their written reports tell a different story. Nonetheless, a close inspection of these reports by a well-trained eye can often reveal findings which require a determination of disability. Many times even seemingly terrible reports contain very favorable findings. This is especially so in mental impairment cases. Synthesizing the opinions of the examining and treating sources can often lead to a fully favorable decision without any need for a hearing. That is where an exceptional advocate can really make a big difference.

Third, you need a really well written brief submitted just prior to the hearing. Although in rare cases we are able to make written submissions requesting fully favorable decisions well prior to any hearing date, in most cases we have to wait until shortly before the hearing to submit our brief. Many disability attorneys do not submit pre-hearing briefs in these cases because they take a lot of time. However, it is our office's practice to submit a pre-hearing brief in every case (unless there is a reason not to do so). On many occasions a judge will read our brief and see that there is no legitimate basis for denying the claim. At that point, they will issue a fully favorable decision without even holding a hearing.

We can never guarantee that a particular case will be won without the need for a hearing. But the hard work of a good disability lawyer gives you your best possible opportunity to have that happen.

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© Copyright 2008, David. F. Chermol, Esquire. Property of Chermol & Fishman, LLC.