A single disability case can involve hundreds of thousands of pages of documentation. Medical records alone can take up a majority of that. Nobody wants to comb through and read all of that. The judge especially doesn’t want to waste his time with a pile of paperwork. Therefore, it is valuable prudent to send a brief of your case to the Administrative Law Judge before your hearing.
What Should Be Included in Your Brief?
A brief should include everything the judge needs to know about your case: identification (SSN, Name, DOB, etc.), procedural history, a concise summary of your case, a list of medical evidence, discussion of sequential evaluation, discussion of unfavorable evidence, and a conclusion. While the first items are self-explanatory, it will be especially important to understand the last three components as they can make or break your case:
Discussion of Sequential Evaluation:
A Social Security decision is a five-step evaluation process, and you can increase your odds of winning your case by going through each step and connecting it to your case. These are the steps you need to identify and explain:
1. Have you worked since you reported your disability? If so, you can argue that it was a failed attempt or that your disability severely impaired your ability to do the work at the level it is expected to be performed, therefore, being in need of benefits.
2. Identify physical and mental impairments that keep you from working.
3. State the listing number and name of disabilities from the Social Security Blue Book and cite the evidence that supports your claim.
4. Concisely describe your work history and explain why it is you cannot return to any of these jobs.
5. Explain why you cannot handle any other jobs, specifying limitations that will interfere with even those jobs that require almost no skills or movement.
Discussion of Unfavorable Evidence:
Some cases can contain “bad facts” such as drug or alcohol use or working after onset of disability. While dwelling on those for long isn’t good, ignoring them completely can be even more detrimental to your case. Being upfront about them may also increase your credibility with the judge.
Conclusion:
Restate your main points to keep them fresh in the judge’s mind.
Why Would a Brief Help Your Case?
Think of the brief as a preemptive strike. You want to give the judge a thorough understanding of your case without him jumping to his own conclusions from your paperwork. That doesn’t mean you should skew facts and lie, but providing explanations, even before he asks you them in court, will not only speed the process up but reassure the ALJ that you have a strong case, keeping you from being dismissed in his mind from the beginning. It is a great first impression and shows you’ve done your research. However, the brief needs to be done well to pack that important punch. Always seek professional help when making your brief. If the brief is professionally done and accurate, it can increase your odds of getting your case through.
