Tuesday, November 25, 2014

Social Security Disability Lawyer -- Tell Your Lawyer the Truth

Your Social Security Lawyer cannot represent you successfully if you do not tell him or her the truth. I had a recent case involving this issue. I had a client who I will call John Doe. He was an auto repair man with some severe disabilities. He needed hip replacements and bilateral knee replacements. He could barely walk. Operations were scheduled. We had a hearing in front of the judge. John Doe under oath said he had not worked in two years. Shortly after the hearing the judge sent me a fraud investigation report. The report indicated John Doe was accepting occasional odd jobs at a repair shop even though he claimed to be a "disabled" worker.

Social Security follows the concept that you are not really working unless you are making more than $1,000 a month. It is possible John Doe's odd jobs did not amount to $1,000 a month and thus did not result in disqualifying substantial gainful activity (SGA).

However, John Doe did not tell me about his odd jobs prior to the hearing. Instead, he testified under oath he had not worked in two years. Thus, I feel sure the judge will find John Doe not credible about his disability even though he does need many operations. If John Doe would only have been truthful we probably could have explained the "odd jobs" he did while waiting for his disability hearing.

FOR MORE INFORMATION: contact Jerry Lutkenhaus at 804-358-4766 or 800-256-8862 or visit our website atVirginia Disability Lawyer.