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Why I Disagree with Advice Included in Another Lawyer's Video

2,225 views · Published 28 April 2014 · 4:58 · Indexed 5 October 2026

Channel: Social Security Disability Videos · 2014 · News & Politics

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A marketing company that provides web sites and web content for disability lawyers has released a video entitled "What Not to Do at Your Social Security Disability Hearing."  This video has been made available to customers of the marketing company and I am seeing it popping up on a number of YouTube channels.

With all due respect to the marketing company and the lawyers who have republished this video, I disagree with the advice contained therein.  In particular, one segment of the video advises disability claimants to avoid statements like "if I could work I would be working" or "I want to work."  Statements like these, contends the narrator, the judge may think about theoretical physicist Stephen Hawking who continues to publish scientific papers despite his confinement to a wheelchair and loss of capacity to speak due to ALS.

First, I truly doubt that any Social Security judge is going to compare you to Stephen Hawking.  Professor Hawking has unique skills and his ability to continue working despite a severe neurological condition is unique to him alone.  If Social Security's disability standard was limited to claimants worse off than Professor Hawking no one would qualify.

Second, I think that as a claimant you want your judge to understand the frustration of what you are going through.  I have long believed that labeling oneself as "disabled" and needing help from the government must be extremely depressing, embarrassing and demoralizing.  Why wouldn't you let the judge know that you hate the idea of disability and that you treasure the notion of personal and economic self worth that goes along with an honest day's work?

Ultimately your medical records should be the most important factor in your case, but many close cases turn on a claimant's credibility and anything you can do to paint a picture of yourself as an honest, hard-working person who cannot work due to no fault of your own will only improve your chances.

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