Ginsberg Law Offices

What is a Pre-hearing Brief and How Can One Help You Win





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Published on Mar 22, 2019

What is a pre-hearing brief in your Social Security disability case and how can it improve your chances of winning?

In my law practice I try to prepare and submit a pre-hearing brief on behalf of my client whenever possible. As I discuss in this video, the pre-hearing brief serves two purposes:

1. I use it to identify all of the relevant dates, identify my client’s past work, identify the most compelling medical and non-medical records by their exact page number, and to summarize what I expect my client to say in testimony.

2. I use it to identify the theory of disability I am using (and identifying any theory of disability that does not apply), and to send a message to the judge that my client and I are prepared and that we have narrowed the issues to what is most important.

Disability judges are busy and often overworked and they sometimes do not have the time to review every page in your claims file. If I can make the judge’s life a little easier by pointing out what I believe to be the most important evidence, and to summarize what I expect the testimony to reveal, my client benefits.

I also send my pre-hearing brief to my client so that he/she understands what we are trying to prove - that his/her medical condition would make reliable performance at work impossible. I also want to send a message to my client that I am prepared, that they are in good hands and that they only need to worry about telling the truth.

Here are two examples of pre-hearing briefs I have written in the past. I have obviously changed the names and other indentifying information. #socialsecuritydisabilityhearing #howtowinssdi #socialsecuritydisabilitybestpractices
Fibromyalgia case: http://bit.ly/fibrobrief1
Back pain case: http://bit.ly/backbrief1

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Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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