David Throesch Law Firm
WHAT CAN I DO TO HELP THE DAVID THROESCH LAW FIRM WIN MY CASE?
A. The most important thing you can do to help your attorney is to keep him informed of any new addresses or phone numbers you might have. Your attorney cannot help you if he cannot find you. You should also provide your attorney with the name, address, and phone number of at least two other individuals that can be contacted if the attorney is unable to contact you.
B. Go to the doctor and take all medications the doctor prescribes as you are directed to do. Our clients are given a list of doctors who take charity cases. The list also provides various ways to obtain prescription medication at reduced cost. If you are unable to go to the doctor or obtain medication you should document the efforts you have made to do so and be able to explain these efforts to the Judge. It will be very difficult to win your case if you are not seeing a doctor and taking your medications as prescribed. When you go to the doctor or hospital tell them what is wrong with you but do not exaggerate your condition. Doctors will often watch the patient when they think they are not looking to see if they still have the same complaints they had when they are examined. This includes walking to and from your car to the doctor’s office. Also, do not tell your doctor or nurse that your attorney sent you or told you to go to them for your disability case. All of this will wind up in your medical records and could hurt your case.
C. If you have seizures, panic attacks, headaches, etc. document these, and keep a record of when you have them and the severity of them.
D. Let your attorney know of any new medical records that he might need to get to prove your disability.
E. Fill out any disability or work reports requested by Social Security. Don’t put down, “It’s in my records,” even if you have previously filled out a similar report. Do your best to get the dates correct.
F. Prepare for your hearing with your attorney and, if at all possible, in person. The attorney can give you pointers as to how best explain things to the Judge, so it will be presented in the best light possible. The attorney needs to meet with you in order to advise you how to better testify. If it not possible to meet with the attorney, your case can be prepared by phone, but it is not as effective as it would be if prepared in person.
G. Be honest about what is wrong with you. There are two difficult clients: the He-Man client and the hypochondriac. The He-Man doesn’t want to even go to a doctor and doesn’t want to even admit that anything is wrong with him. The hypochondriac believes that everything is wrong with him- from his head to his toes. Please remember, the Judge hears hundreds of cases a year. It is very likely that he has several cases of individuals much worse off than you are. You should not complain or exaggerate your condition, nor should you hide it from the Judge. You should be as honest and factual as possible. If you exaggerate your case, the Judge will have a tendency not to believe anything you say.
H. If you are taking illegal drugs or drink excessive alcohol, or smoke STOP! If the Judge determines that the illegal drug use or excessive alcohol use is material to your disability, you will not win your case. If you are smoking, you need to strongly consider stopping, especially if your disability involves difficulty breathing. I have also had numerous clients that testify they cannot afford their prescription medication; yet, they purchase and smoke two to three packs of cigarettes a day.
I. If you want to go back to work, consult your attorney first and see what impact it will have on your case. We will never tell you not to work, but you need to know how that work will affect your case.
J. When you go to the hearing, make sure that you are clean and nicely dressed. You don’t need to dress-up, but show the Judge some respect and dress appropriately. Don’t come to the hearing with alcohol on your breath. Don’t come to the hearing with cigarettes in your pocket. Don’t over medicate yourself before the hearing. You want the Judge to see you are in pain or have other problems that you testify about.
K. Understand that your attorney doesn’t control the Social Security Administration. Your attorney does not get paid until you do. Don’t take your frustration with the Social Security Administration out on your attorney. I know it is hard to resist doing all of this. Please remember that your attorney is only human. While the attorney is going to do his best for all clients, it is much more productive if the attorney can get along with and communicate with you. Also, understand that it takes a long time to get a hearing. While it is your right to switch attorneys, you should give your attorney a chance to win your case. Don’t take your frustrations with the system out on the attorney. Remember he isn’t going to get paid unless you do.
B. Go to the doctor and take all medications the doctor prescribes as you are directed to do. Our clients are given a list of doctors who take charity cases. The list also provides various ways to obtain prescription medication at reduced cost. If you are unable to go to the doctor or obtain medication you should document the efforts you have made to do so and be able to explain these efforts to the Judge. It will be very difficult to win your case if you are not seeing a doctor and taking your medications as prescribed. When you go to the doctor or hospital tell them what is wrong with you but do not exaggerate your condition. Doctors will often watch the patient when they think they are not looking to see if they still have the same complaints they had when they are examined. This includes walking to and from your car to the doctor’s office. Also, do not tell your doctor or nurse that your attorney sent you or told you to go to them for your disability case. All of this will wind up in your medical records and could hurt your case.
C. If you have seizures, panic attacks, headaches, etc. document these, and keep a record of when you have them and the severity of them.
D. Let your attorney know of any new medical records that he might need to get to prove your disability.
E. Fill out any disability or work reports requested by Social Security. Don’t put down, “It’s in my records,” even if you have previously filled out a similar report. Do your best to get the dates correct.
F. Prepare for your hearing with your attorney and, if at all possible, in person. The attorney can give you pointers as to how best explain things to the Judge, so it will be presented in the best light possible. The attorney needs to meet with you in order to advise you how to better testify. If it not possible to meet with the attorney, your case can be prepared by phone, but it is not as effective as it would be if prepared in person.
G. Be honest about what is wrong with you. There are two difficult clients: the He-Man client and the hypochondriac. The He-Man doesn’t want to even go to a doctor and doesn’t want to even admit that anything is wrong with him. The hypochondriac believes that everything is wrong with him- from his head to his toes. Please remember, the Judge hears hundreds of cases a year. It is very likely that he has several cases of individuals much worse off than you are. You should not complain or exaggerate your condition, nor should you hide it from the Judge. You should be as honest and factual as possible. If you exaggerate your case, the Judge will have a tendency not to believe anything you say.
H. If you are taking illegal drugs or drink excessive alcohol, or smoke STOP! If the Judge determines that the illegal drug use or excessive alcohol use is material to your disability, you will not win your case. If you are smoking, you need to strongly consider stopping, especially if your disability involves difficulty breathing. I have also had numerous clients that testify they cannot afford their prescription medication; yet, they purchase and smoke two to three packs of cigarettes a day.
I. If you want to go back to work, consult your attorney first and see what impact it will have on your case. We will never tell you not to work, but you need to know how that work will affect your case.
J. When you go to the hearing, make sure that you are clean and nicely dressed. You don’t need to dress-up, but show the Judge some respect and dress appropriately. Don’t come to the hearing with alcohol on your breath. Don’t come to the hearing with cigarettes in your pocket. Don’t over medicate yourself before the hearing. You want the Judge to see you are in pain or have other problems that you testify about.
K. Understand that your attorney doesn’t control the Social Security Administration. Your attorney does not get paid until you do. Don’t take your frustration with the Social Security Administration out on your attorney. I know it is hard to resist doing all of this. Please remember that your attorney is only human. While the attorney is going to do his best for all clients, it is much more productive if the attorney can get along with and communicate with you. Also, understand that it takes a long time to get a hearing. While it is your right to switch attorneys, you should give your attorney a chance to win your case. Don’t take your frustrations with the system out on the attorney. Remember he isn’t going to get paid unless you do.
