Lawyers should feel free to speak their minds

 

Why I handle Social Security disability cases

 

Why aren't more lawyers on TikTok?

 

Should lawyers be on TikTok?

Do I even need to ask this question? Apparently so. And, generally, the answer to this question is yes. At least it’s been a big yes for me. But I’m a good talker. I have deep reservoirs of…information. That’s a charitable assessment, but I do provide good information. Or so I’m told. After all, I have done TV legal commentary quite a bit over the years. So, I know what to say and what not to say.

Whether you should be on TikTok is a question only you can answer. All I can do is tell you why I am on TikTok and what I think the benefits are to me. 

1.     TikTok allows me to provide useful information to a much wider audience in a way that’s nonthreatening.

 Lawyers scare people. This should come as no shock to most of us. Maybe we don’t realize we are scary, but we can at least concede the point that we know lawyers are scary. Anything I can do to make myself more approachable and more helpful is something I want to do. Most people think lawyers are either maladjusted jerks who rip people apart (I’ve met some of those from other states) or snobs on their way to the next cocktail party (there are plenty of those, too).

 But I believe lawyers are engaging, vibrant people. Or at least they can be.

 Many experts claim lawyers should do all they can to get on TikTok due to the exponential growth of lawyers on TikTok.

2.     If you do it right, TikTok brings in clients—lots of good ones in my experience.

 Some lawyers adopt a persona on TikTok. For example, there’s one guy who dances around in front of a gilded throne of a chair and uses voiceover. He has a great reputation as a lawyer, and he has a huge following. That’s not for me, but good for him. I typically record most of my videos (1-2 a day) in the car right before I go to the gym. That’s usually midday or around six PM if I go in the evening.

 The clients started calling within a few weeks after I started posting PI/WC, Social Security disability, medical malpractice (a subcategory of PI), and other legal related issues. Recently I brought in a gigantic case due solely to TikTok.

 I’ve had videos where I’ve gotten 20,000 and 40,000 views with thousands of comments. My followers are about 3,200 plus. And they grow all the time. It’s only just begun, and I really enjoy doing it.

 Honestly, my practice is blowing up lately, and I think that’s largely due to my social media presence on TikTok.

3.   TikTok is fun and friendly.

Some people will mock you, and that’s fine. “Haters gonna hate” as the expression goes. But I don’t pay those people any mind. I don’t hold back on TikTok. I’m totally my unbridled, authentic self, and people like it. They appreciate the candor and authenticity. They also know I love my clients, and that I’m passionate about fighting for them.

Basically, I hate bullies and fight for people I think are treated unfairly. That’s the thrust of a lot of what I say.

But what I really believe is clients have a powerful story to tell. And my job is to find those stories and help the clients to be able to show the truth of their struggle.

 I talk a ton about compelling narratives on TikTok because I’m a litigator. I’ve also published fiction and nonfiction as well as been a law school essay consultant (essay doctor, really), so I am big on finding the narrative in clients’ cases. I believe in helping clients tell their truth. So, I talk a ton about such things. In my opinion, it really matters.

I hope you will check me out on TikTok. Find me here.

Male lawyers who dye their hair to cover the gray...it raises issues

 

Lawyers must be good at fitting facts together into a good story

 

Facts are more important than the law in most cases

 

Lawyers must be good storytellers

 

Lawyers lead clients on a journey to a place worth going

 

Everyone has a preexisting condition for something

 

Ambulance chaser (strip mall lawyers) are the worst

 

Mega firms vs ambulance chaser, strip mall, churning law firms

 

Lawyers must stive to understand their clients, which they can't do if they "run the numbers"

 

Is IBS a valid basis for Social Security disability?

It can be. When combined with other issues, IBS can be a basis for disability.  The issue is whether it takes an individual off task 20% or more during the work day.  If an individual must spend more than 20% of a workday off task (in the restroom for example), then he or she is likely disabled.  This issue comes up a lot in disability cases, and I've often used it to cross examine vocational experts. It is certainly an issue that should be explored.

You can get Social Security disability benefits if there is evidence of drug and alcohol abuse--it's just harder

Chronic drug and alcohol abuse can hurt if not kill a Social Security disability case.  Evidence of either, however, is not the death knell to a case.  The key is to show the drug or alcohol abuse was not a "material factor" contributing to the disability.  In other words, you need to show disability wasn't caused by the drug or alcohol abuse.

Usually people drink or do drugs to "self-medicate" because they were abused (usually sexually) as a child.  At least this is what I have observed in the hundreds of cases I've handled.  Consequently, it is important to explain what happened.  Although not excusing the behavior it can show the claimant is a troubled soul trying to ease their pain.  And if they get help and get better then the evidence of past abuse can be overcome.

I usually suggest an alternate payee (someone to handle the disability) to the judge as a way of 1) protecting the claimant against temptation and 2) reassuring the judge that the money won't go towards bad habits but towards supporting the claimant.

 

These are tough cases, but I've won enough of them to know it can be done.

Social Security disability hearings can hinge on "little things" #SSA

I've handled a few hundred Social Security disability hearings, and all of them are different and the same. Each person has their own unique story, but there are common threads that are woven throughout the tapestry of a good case.

 First, a good case has solid evidence that backs up the claimants complaints.  This is in the form of medical evidence and testimonial evidence.

 

Second, if subjective complaints and objective evidence (medical records) line up, then a claimant is usually deemed "credible." This means the claimant is believable.  Veracity is one part of it, but it is more about the complaints, the evidence, and the actual symptoms being in sync.

 

Third, the "little things" (anecdotes) line up with the evidence and claimant's story. For example, if a claimant sits on a bench in the shower and can't bend over to tie his or her shoes, then that claimant cannot meet the demands of a job where they need to stand. If the only jobs that person can do require standing, then that claimant is likely disabled.

 

There are no silver bullets in disability cases, but I continue to be amazed at how cases are made or lost on seemingly "little things" that end up looming large because they are reliable indicia.