Hello Attorney Ginsberg, My name is Melissa and I have been fighting for my disability since june 2000. I have been turned down alot in the past. I recently had another hearing before the ALJ in charelston wv. My symtoms are as follows. Bypolar, Major depression, with drawyal , Nerve problems, My back is totally messed up, Anxiety, Nerve damage in my legs from the back damage, Mood swings I can be happy one minute sad the next, I had a lot of trauma in my life as I was growing up, Lost my mom with cancer in 1992, My dad got killed in 2000, I was also married to an abusive husband for 10 years. I have no income comming in. I Have alot of medicine that my doctor had me on for my ilesses but I cant afford them no cause I dont have a medical card to cover my medicine. My question to you is do you think the ALJ will award me my disability? There was a social secrurity woman in the room with us . She was trying to name off some kind of jobs she thought I could do. The only one she could find is car washer and the judge and my lawyer said that I wouldnt be able to perform that job either and the woman agreed with them and he asked me some questions about my past relationships and dad and mom I couldnt handle it I started crying , I also have constant crying spells. The judge told me I would get my decision in 2 to 4 weeks through the mail. In your opinion do you think I won my case. Thank you Melissa

Melissa – if the vocational witness testified that there are not any jobs you can do, then there is a good chance that you will be approved.  It certainly sounds like you have been through a lot and I wish you the best.

I chose your letter to add to my blog because I wanted to discuss with my readers something I often speak about – the attitude a claimant brings into a case.

Clearly, Melissa has been through a lot and based her description of symptoms she would most likely have a difficult time working.  However, when you go to a hearing, it is important to present to the Judge and the vocational witness the attitude that you would prefer to be working and that the idea of filing for Social Security is distasteful to you.

From the tone of her letter it is apparent that Melissa considers herself disabled and has concluded that hear mental health problems have left her unable to work.  In psychological terms, Melissa has become “invested” in her disability.

The problem with this is that “disability” is a legal conclusion that must be reached by the judge.  Judges prefer to see claimants who do not want to be disabled and would rather be working.  They are trained to be wary of people who are clearly looking for a check.  Notice that Melissa says “I have been fighting for my disability since June, 2000.”  The obvious question – why isn’t Melissa fighting to get herself better so she can get back to work.

I am not sure how Melissa’s case will turn out nor am I suggesting that she is not deserving, but if she is turned down it may be because her motivations are clearly directed at getting disability money and that type of attitude is not a good one to bring before a Social Security judge.