Cottrell Law Office

Arkansas Personal Injury Attorney

Have you been injured?

Call Today for a Free Consultation
800-364-8305
Your Injury Attorney
Because Results Matter

NO WIN - NO FEE
  • Home
  • About
    • Attorneys
      • Wesley A Cottrell
    • Free Sober Holiday Rides
    • Cottrell Law Office Annual Scholarship Contest
  • Practice Areas
    • Personal Injury
      • Arkansas Personal Injury
      • Missouri Personal Injury
    • Car Accident
      • Arkansas
        • Rogers Car Accident Attorney
        • Fayetteville Car Accident Attorney
        • Springdale Car Accident Attorney
        • Bentonville Car Accident Attorney
        • Bella Vista, Arkansas Car Accident Attorney
        • Siloam Springs, Arkansas Car Accident Attorney
        • Fort Smith Car Accident Attorney
        • Van Buren Car Accident Attorney
      • Missouri
        • Joplin, Missouri Car Accident Attorney
        • Springfield Car Accident Attorney
        • Carthage Car Accident Attorney
        • Miami Car Accident Attorney
        • Neosho Car Accident Attorney
        • Webb City Car Accident Attorney
      • Kansas
        • Baxter Springs Car Accident Attorney
    • Wrongful Death
    • Catastrophic Injury
      • Traumatic Brain Injuries
      • Spinal Cord Injuries
      • Burn Injuries
      • Internal Organ Damage
      • Multiple Bone Fractures
      • Amputations
    • Social Security Disability
      • Arkansas Social Security Disability
      • Missouri Social Security Disability
      • Social Security Disability Benefits
      • Top Reasons Why Disability Claims Are Denied
      • Approval Rates for Common Medical Conditions
    • Workers’ Compensation
      • Arkansas Workers’ Compensation Rules
      • Missouri Workers Compensation Rules
      • Kansas Workers’ Compensation Rules
      • Oklahoma Workers’ Compensation Rules
  • Areas We Serve
    • Arkansas
    • Missouri
    • Kansas
    • Oklahoma
  • cottrelllawoffice
  • Blog
  • Reviews
    • Our Reviews
    • Review Us
  • Resources
    • Case Results
    • Video
    • Workers Compensation Accident Statistics
      • Arkansas Workers Compensation Accident Statistics
      • Missouri Workers Compensation Accident Statistics
      • Work-Related Injuries In Missouri
      • Kansas Workers Compensation Accident Statistics
      • Oklahoma Workers Compensation Accident Statistics
    • Court Links
      • Arkansas Court Links
      • Missouri Court Links
      • Kansas Court Links
      • Oklahoma Court Links
    • Frequently Asked Questions
      • Personal Injury FAQs
      • Car Accident FAQs
      • Workers’ Compensation FAQs
      • Social Security Disability FAQs
      • Wrongful Death Claims FAQs
    • Articles
    • Helpful Links
      • Arkansas Links
      • Missouri Links
      • Federal Links
  • Contact Us
  • 800-364-8305

Mistakes to Avoid at your Social Security Disability Hearing

September 21, 2017 by Wes Cottrell

Joplin social security disability attorney A common issue in making a successful claim for disability benefits is credibility. That means, it is important to establish yourself as a credible applicant with the Social Security Administration officials reviewing your claim. When it comes time for an Administrative Law Judge to analyze your case, that judge will necessarily assess your credibility. Here are a few things our Joplin social security disability attorney recommends you consider before you attend your hearing.

You need to establish your credibility by being truthful

Even though it may seem obvious that you must demonstrate your honesty, judges often ask questions to which they already know the answer. They do this in order to see if you are being untruthful in an attempt to bolster your claim. One example of this is making allegations of impairments at the hearing that you never sought medical treatment for.

A common misconception is that you need to tell the judge you cannot do anything, even when there are little things you can do.  While those little things may not hurt your case, lying about them certainly can. This is where preparation with a Joplin social security disability attorney who regularly appears disability hearings will be helpful. Knowing exactly what your records show, as well as the tendencies of a particular judge, can be very important.

Make sure your statements regarding your condition are consistent

Another issue that can affect your credibility is being inconsistent with doctors about how you feel. If you make statements to a doctor that you are not having any problems, but later try to claim at a hearing that those problems exist, you will damage your credibility. Another problem can be telling one doctor you are having a certain problem and then telling another doctor the exact opposite. Be sure to remain consistent about your medical condition at all times.

Do not exaggerate the severity of your disability

This may seem like common sense, but there are very subtle ways you can hurt your claim if you are not careful. For example, if you are claiming that you cannot do anything, but according to your x-rays your problem is relatively mild, then it will seem that you are exaggerating. Many people believe that a judge wants to hear that they are incapable of doing anything at all, but that is not always reasonable and certainly not a requirement.

Your appearance and actions at the hearing cannot be contradictory to your claim

Judges typically get upset if a client says one thing about his condition but then demonstrates the complete opposite.  For example, if you can sit at the hearing for nearly an hour without showing any discomfort, you cannot then testify that you can only sit for “five minutes.” More importantly, if you have not been showing any discomfort before you are questioned, then don’t start looking uncomfortable after the question. It is very obvious that your claims are fabricated, or at least exaggerated. While it is quite appropriate to stand up or change positions at a hearing if you need to, just don’t wait an hour into the hearing after you have been asked about your ability to sit for long periods of time before you show your discomfort.

Failing to comply with all of your doctor’s instructions

Another way Social Security assesses the validity of your complaints is whether you have complied with the doctor’s recommended treatment by following your doctor’s advice, taking your medication as prescribed, using assistive devices as ordered, and keeping your medical appointments. Otherwise, your failure to follow your doctor’s recommended treatment may lead Social Security to conclude that your condition is not as severe or limiting as you have represented.

What you are required to prove to support your Social Security Disability claim

You are considered disabled “if you cannot do work that you did before and we decide that you cannot adjust to other work because of your medical condition(s).” The Social Security Administration expects that your disability will last for at least one year or result in death.  However, the Social Security Administration does not actually make the decision. Your Joplin social security disability attorney can help you be prepared to support your claim.

If you have questions regarding Social Security Disability hearings or any other Social Security Disability matters in Arkansas or Missouri, please contact the Cottrell Law Office for a free consultation. You can contact us either online or by calling us toll-free at (888) 433-4861.

  • Author
  • Recent Posts
Wes Cottrell
Wes Cottrell
Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993.

He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
Wes Cottrell
Latest posts by Wes Cottrell (see all)
  • How Does a Workers’ Compensation Settlement Affect Social Security Disability in Missouri? - October 22, 2020
  • Is Arkansas a No-Fault State? - September 28, 2020
  • What Is the Arkansas Statute of Limitations for Personal Injury Claims? - August 26, 2020

Filed Under: Social Security Disability

About Wes Cottrell

Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993.

He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.

Cottrell Law Office | Arkansas Personal Injury Attorney

Blog Subscription

Recent Posts

  • How Does a Workers’ Compensation Settlement Affect Social Security Disability in Missouri?
  • Is Arkansas a No-Fault State?
  • What Is the Arkansas Statute of Limitations for Personal Injury Claims?
  • What if I Wreck My Leased Car in Joplin, Missouri?
  • What is a Phantom Vehicle Claim in Arkansas?

Categories

  • Accident
  • Accident Reports
  • Accidents
  • Aggressive Driving
  • Auto Accidents
  • Benefits
  • Bike Accident
  • Car Accidents
  • Catastrophic Injury
  • Common types of Construct Accidents in Missouri
  • Dog Bites
  • Food Poisoning Claims in Arkansas
  • Hit and Run Accidents in Missouri
  • Liability
  • Liability For Injuries
  • Liability in Arkansas
  • Medical Malpractice
  • Motorcycle accident lawyers
  • Motorcycle Accidents
  • Personal Injury
  • Personal Injury claim in Arkansas
  • Premises liability
  • Product Liability
  • Social Security Disability
  • Social Security Disability claim in Missouri
  • Statute of Limitations in Missouri
  • supplemental Security Income in Arkansas
  • Texting and Driving in Arkansas
  • Trucking Accidents
  • Uncategorized
  • Worker's Compensation claims in Missouri
  • Workers' Compensation
  • Wrongful Death

Rogers Office

Rogers Personal Injury Lawyers Office Location
117 S 2nd St
Rogers, AR 72756
Phone: (800) 364-8305
Secondary phone: (479) 329-1153

Rogers Office Map

Map Image

Joplin Office

Joplin Personal Injury Lawyers Office Location
2001 S Empire Ave
Joplin, MO 64804
Phone: (800) 364-8305
Secondary phone: (479) 631-6464

Joplin Office Map

Map Image
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us
© 2019 Cottrell Law Office,
All Rights Reserved.
  • Facebook

Subscribe to our newsletter