My Fresno lawyer told me to keep testimony short, that denial letter proved him wrong

Back in 2023 I hired a lawyer in Fresno who told me to just show up to the ALJ hearing and keep my answers short. He said the judge would see my medical records and approve me, no problem. So I did exactly that, barely said anything, and got a denial letter 3 weeks later. The judge wrote that my testimony was too vague to support a limitation. My lawyer never even objected or asked follow up questions. Turns out in CA disability cases, you basically have to explain your worst day in detail or they assume you can work. I switched to a firm in Sacramento that prepped me for 2 mock hearings, and I won 4 months later. Has anyone else had a lawyer who underprepared them for the hearing phase?

2 comments

2 Comments

the_lily18d ago

@taylor_miller10 nailed the big picture but one thing drives me nuts about this. People hear "worst day" and think they need to cry or dramatize it, but really you just need to give specific examples like how long you can stand or lift. The judge wants concrete limits, not a performance. Your first lawyer messed up, but even with prep, them records alone never gonna cut it in Cali.

taylor_miller1019d ago

Heard a disability advocate on a podcast say the same thing about California judges. They basically expect you to paint a picture of your worst day in explicit detail, otherwise they figure you're exaggerating. Sounds like your first lawyer just assumed the records would do the heavy lifting, which is pretty lazy on their part. Good thing you switched, mock hearings can make a huge difference. That denial probably stung but it ended up being a good wake up call, even if it cost you time.