We are taking the first ten days in July to list ten top reasons to write a hearing brief. Although our office is closed today for the 4th of July weekend, the list of top ten reasons marches on.
Reason #3 Test drive your "theory of the case"
Every hearing memorandum should explain how the evidence and law affect each step of the 5-step sequential evaluation process. Writing the hearing brief will help you to evaluate your theory of the case. If you can't get past step 4 in your memorandum, you can't expect a judge to reach a different result.
A hearing memorandum should be written for every Social Security disability hearing, and submitted well in advance of the the hearing. The list of best practices for claimants' representatives includes a request for concise pre-hearing briefs.