Critical Elements of Effective Representation #4
Element 4: Establish and Maintain Credibility of Our
Clients and the Attorney
A fourth element of effective
representation is credibility. This includes not only maintaining the
credibility of the attorney, but establishing the credibility of our client.
The credibility of the attorney who
appears regularly in front of the Administrative Law Judge (ALJ) is of utmost
importance. Having the respect of the ALJ is a source of pride for our office.
We maintain credibility through a number of means, including: 1) always
presenting all arguably relevant medical evidence to the ALJ, (2) fully
preparing the case ahead of time for the ALJ, including drafting a pre-hearing
memorandum, and (3) always being truthful and respectful to the ALJ at the
hearing.
The credibility of our client is more
important than that of the Attorney because ultimately the ALJ has to believe you before
he/she will approve disability benefits. An ALJ may hold hearings for dozens of
Claimants a month, and using the short amount of time in front of the ALJ to
make a good impression, represents our client's best chance to convince a judge
of their disability.
Toward that end, our clients testimony
must be carefully thought out in advance. It should be supported by the medical
and other evidence of record. Exaggeration of symptoms or limitations, and/or dishonesty
of any kind, can destroy a Claimant's credibility. We work with our clients
ahead of time to explain the importance of credibility in achieving success of
their claim. This includes the need to always be truthful and
respectful to the ALJ.
It is important to understand that most
disability cases are not "slam dunks", which is why they have made it
to the hearing level. Our job is to maximize the favorable aspects and minimize
the unfavorable ones. This, helps to ensure that the ALJ gives our client the
"benefit of the doubt" for any conflicts in evidence that may arise.
Doing so means maintaining the credibility of both the attorney and our client.
Eric J. Patrick, Esq. & Richard A. Gutstadt, Esq.
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