The Superman Claimant And The I Can't Do Anything Client And The Problems Each Present.

Both of these clients present unique challenges and can cost an approval where the medical documentation supports a finding of disabled. The Superman Claimant is the Claimant that has a wide array of problems wrong with them but gets into the hearing and instead of testifying like he was doing during preparation has all of a sudden found the ability to do anything and everything, for example, the judge will ask can you walk for 2 hours at a time and although in his medical records and all the way through preparation he can only walk for 15 minutes at a time can now do this and anything else the judge asks. These hearings usually end with the Claimant thrilled about his or her performance telling the representative about how well they thing they have done and I would respond expletive for a job interview.

The next is the Claimant who all of a sudden can not get out of the bed but somehow made it for their hearing and nothing in the medical records support that the Claimant can not do anything, To be found disabled the standard is not that a person can not do anything it is that they can not engage in Substantial Gainful Activity. Judges are trained to find inconsistencies in a persons story and when the testimony is not consistent with the medical records it leads to credibility issues and often times denials that would have been Fully Favorable decisions.

It’s important for a Claimant to tell their story and have it match what they have been telling their doctors. Exaggerating by finding the fountain of youth or acting like an invalid both will never help, in the end it may not hurt but it could be the difference between winning and losing. Jason Baril Disability Advantage Group 865-566-0800


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