PokerAlthough rare, there are some hearings where it is clearly obvious that you as the employer have already won; even before the hearing has ended. Adjudicators are trained to be unbiased and emotionless, but they too are human. It is important in these times that you play your cards right as the representative. Like poker; if you’re up and up big, you want to get out while the getting’s good.

When you see a hearing clearly tilted in your favor, you want to be sure to get all facts on the record but nothing more. Additional bloviated questions can add unneeded time for the judge to change his or her mind. A clear and concise layout of the case will never upset a judge and only work for you, further tipping the scales in your direction.

There are some ques from the adjudicator that can indicate a clear win. The most prevalent is when the claimant is so rude and disrespectful that the judge lays into them and shows you favor in their line of questioning.

If you’re at an in-person hearing, you can pick up social clues as to their level of interest and if a decision has already been made. When I used to do in person hearings, I would carefully watch when the judge was writing something down, and more importantly when they weren’t. Little by little with experience I could see what was important to them. I even caught them drawing doodles, pretending to write and in some cases, they would stop writing all together.

In time, you can feel more confident about a “mid-hearing” decision and act accordingly, giving you the best chance to secure a win.

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