If you’ve applied for Social Security Disability benefits or are waiting for your hearing, you probably wonder: What makes some people win their Social Security Disability hearings while others get denied?
After years of representing clients in Missouri and Arkansas, we’ve noticed clear patterns. The people who win their Social Security Disability hearings tend to share certain attitudes and habits — things that make them more believable, credible, and persuasive before a judge.
Below are the biggest factors that separate winners from the rest.
Winners Are the Reluctant Claimant
One of the first things a judge looks for is your attitude. Judges want to see someone who truly wishes they could still work — someone who is there out of necessity, not choice.
You don’t want to come across as someone who has “accepted” being disabled and is just waiting for a check. Instead, express that you would much rather be working if you could. You don’t want to be here.
You might say something like:
“Your Honor, if there were a medication or surgery that could take away this pain, I’d go back to work tomorrow. I loved my job, I liked being around people, and I was proud to support my family. I’m only here because I can’t physically do it anymore.”
That’s the attitude of reluctance — and it makes you credible. Judges respect people who want to work but simply can’t.
Winners Make Smart Use of Their Hearing Time
Most Social Security Disability hearings last about 45 minutes. That’s not a lot of time to prove your case, so you need to be prepared.
The judge (and sometimes your lawyer) will ask you common questions like:
- What medical conditions keep you from working?
- What medications do you take?
- How long can you sit, stand, or walk?
- What were your past jobs?
If you’ve practiced your answers ahead of time with your attorney, you’ll sound confident and consistent. If you haven’t, you’ll waste time thinking through questions you already knew were coming.
Winners prepare. Losers “wing it.”
Preparation shows respect for the process — and it helps your testimony stay clear and believable.
Winners Testify with Specifics, Not Generalities
When a judge asks, “How long can you sit?” don’t say “not too long.” That’s too vague to be helpful.
Instead, say something like:
“I can sit for about 10 minutes before my lower back pain starts radiating into my right leg. Then I have to stand or walk for five minutes before sitting again. After about an hour of alternating between sitting and standing, I usually have to lie down for 30 to 45 minutes.”
Those specific details show the judge you’ve thought carefully about your limitations.
Even if every day is different, talk about what an average day looks like. The more concrete your answers are, the more the judge can picture your situation.
Winners talk in specifics. Losers talk in generalities.
Winners use a short, clear explanation — 2 or 3 sentences — that sums up why you can’t work.
Here’s an example:
“I have severe back pain from a herniated disc at L4-L5. The pain radiates down my leg, and I take narcotic medication that makes me drowsy. I spend most of the day in a recliner trying to manage the pain, and I rely on others to help with daily tasks.”
That’s an effective summary. It gives the judge a clear mental picture right away.
Compare that to a long, rambling story about every diagnosis you’ve ever had. Judges don’t have time for that.
Or too short “my back hurts”. That tells the judge nothing.
Practice your short, specific explanation with your attorney before the hearing so it sounds natural and confident.
Winners Own The Warts of Their Case
Your medical record might show past drug or alcohol use, or gaps in treatment. If so, be honest and ready to explain it.
For example:
“Judge, when I couldn’t afford my pain medication, I tried marijuana for relief. I realized it wasn’t helping long term, so I stopped. I’ve been clean for over two years now.”
Judges appreciate honesty. They already know what’s in your file. If you lie, they’ll know.
Your lawyer can help you decide whether to amend your onset date or explain issues like this directly. The judge’s main concern is whether you’re disabled now. Not to punish you for mistakes in the past.
Remember: Social Security judges aren’t there to arrest you, take away your driver’s license, or judge your personal life. They just need accurate information to decide your case.
Winners Don’t Overstate Their Impairments
Be realistic when describing your symptoms. Saying,
“My pain is a 10 out of 10 24/7,” isn’t believable.
Instead, explain that you have both good days and bad days:
“Three days a week, my pain is so bad I can’t function. On a good day, I might go grocery shopping or do some dishes, but I pay for it afterward.”
Judges know no one is in unbearable pain every second. Nuanced, honest answers are far more credible.
Also, be careful when describing activities like caring for children or pets. Letting your dog out in the backyard is different from taking it for a long walk. Mention what you can do — but explain your limits clearly.
Your attorney can help you word this properly so your testimony sounds balanced, truthful, and realistic.
Winners Understand What Judges Need
Finally, people who win their cases understand what the judge needs to approve them.
Judges don’t just go with their gut — they must have evidence to support their decision. That means:
- Updated medical records
- Work capacity evaluations from your doctors
- Credible, detailed testimony from you
- Possibly letters from former co-workers or supervisors
A judge might personally believe you’re disabled, but if the file doesn’t contain enough documentation, they can’t legally approve your claim.
Your job — and your lawyer’s — is to give them the evidence they need to justify an approval.
In other words, don’t just say, “Anyone can see I’m disabled.” Instead, help the judge prove it on paper.
Final Thoughts: Give Judges a Reason to Say “Yes”
At the end of the day, winning a Social Security Disability case isn’t just about having a serious medical condition. It’s about proving that condition keeps you from working — with the right attitude, preparation, and evidence.
If you follow these tips — and work closely with an experienced disability lawyer — you’ll greatly improve your chances of success.
Need Help with Your Disability Claim?
At The Krebs Law Firm we’ve helped hundreds of people across Springfield, Missouri and Northwest Arkansas win their Social Security Disability cases.
If your application has been denied or you’re waiting for your hearing, don’t face it alone. Let us prepare you, guide you, and fight for the benefits you deserve.
Call The Krebs Law Firm today or visit KrebsLawOffice.com for a free, no-risk consultation.
It only takes a few minutes — and it could make all the difference in your case.
We’re Here To Help
If you need help fighting for your Social Security disability rights, The Krebs Law firm offers free consultations. We can review your situation, help you determine the best course of action, and if you have a case, fight alongside you.
Of course, you could handle the matter alone, but the odds of successfully combatting a denial are higher with the help of a Social Security disability lawyer.
The Krebs Law Firm provides free consultations for Social Security Disability claimants, and we don’t get paid unless we win you the compensation you deserve. Set up your appointment with us without delay. You can reach our Springfield office at 417-883-5886 or toll free at 800-345-0535.
A Social Security disability lawyer can help make the process of getting the full amount you’re owed much easier. The Krebs Law Firm offers free consultations, and all it takes is giving us a call today.
Whether you’re making an initial Social Security Disability claim or striving to make an appeal, The Krebs Law Firm knows the ins and outs of the application process and offers free consultations to potential clients. You have nothing to lose by contacting us and everything to gain.
If you seek the help of a Social Security Disability attorney with your claim, the Krebs Law Firm has years of experience in helping our clients receive the full amount of Social Security Disability benefits that they rightly deserve in as timely a manner as possible. We know the ins and outs of the Social Security Disability process and would be happy to work with you.
At The Krebs Law Firm, we fight as hard as we can to help you get the disability coverage you deserve. Call our Springfield office today for a free consultation at 417-883-5886, our Columbia office at (573) 886-8976 or toll free at (800) 345-0535.
Jason Krebs is licensed in both Arkansas and Missouri. Our main office is in Springfield Missouri. Our Harrison Arkansas office is by appointment only. The address is 125 Industrial Park Road Suite E1 Harrison Arkansas 72601. Our local phone number in Harrison is (870) 741-8100. Our Toll Free phone number is (800) 345-0535. You can also send us an email to contact@KrebsLawOffice.com.
It can be daunting learning the ins and outs of Social Security Disability benefits, but it’s not a task you need to take on alone. Call on a Disability Attorney from The Krebs Law Firm to help you every step of the way.
We offer a free book on Social Security Disability benefits to Missouri and Arkansas residents. Give us a call today.
The Krebs Law Firm provides free consultations for Social Security Disability claimants, and we don’t get paid unless we win you the compensation you deserve. Set up your appointment with us without delay.