“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure you do also. I always use plain English, with no sugarcoating no B.S. lawyer talk, and no double talk - just old fashioned, unsweetened, unvarnished truth - just the way that I would want it.” -Bill Turley
The Best Advice
No matter what, the first thing you should do is always tell the truth from the beginning. Never tell a lie to the judge. Never exaggerate anything to your attorney. Always be up-front and honest with the DBA Doctor about your injuries. A doctor, a Judge and an attorney will more likely be able to help you if they believe you are being honest.
Liars never get trusted. Would you trust one?
Always be honest. Always tell the truth. It is the best first step in taking to winning your Defense Base Act Claim. Do your research. And know your case. Order my free book today, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve.
And check out the 5 Star Amazon Reviews before you do. Others like your self have been in the same situation. But because they were honest and did their research before hand, they were successful in their case.
Also you can check out my podcast at DBAradio.com where i cover important DBA issues.
Need Help Today?
Call our office today at (619) 234-2833. Our staff is here to answer any questions you might have. We are here to Help.
Defense Base Act: Psychological Problems, Alcoholism and Credibility: A Case Study
Those of you that have read my book or follow this website know that I preach telling the truth when you bring a Defense Base Act case. I know it must sound like a mantra. But it’s the best single piece of advise that you are going to hear. This case study demonstrates this “tell the truth” principal in spades.
This case study is based upon a recent case that went to trial, the judge issued a decision and the Benefits Review Board also issued an opinion. I have not used real names of the claimant, the company he worked or the insurance company. I am simplistic in order to achieve clarity.
The civilian contractor was physically injured in a mortar attack in Iraq. He testified that when he came home he had difficulty adjusting to his physical impairments, had suicidal thoughts and separated from his wife. He had psychological problems and depression. He was also diagnosed with PTSD. Like many PTSD victims he abused alcohol. Truth was, he suffered from alcoholism.
Claimant described himself as suffering from working in a war zone and testified that he had been resistant to psychological help because he believed that he could “fix” his condition. This is not uncommon. He also testified that he is subject to angry outbursts around others for no good reason. This is also common for those with PTSD.
However, the Claimant was receiving psychological treatment when the case went to trial. The insurance company had him seen by a psychiatrist. The insurance company lawyer contended that the Claimant was exaggerating his psychological problems. No surprise there.
The judge stated, however, that he was impressed with claimant’s demeanor and straightforward testimony regarding his psychological symptoms, and found that claimant appears to underestimate his psychological problems rather than overestimate them.
Moreover, based on claimant’s demeanor at the hearing, the administrative law judge credited claimant’s “straightforward testimony,” which the administrative law judge found understated his problems and need for continuing psychological counseling.
Thus, the judge found for claimant.
Here are some of the important lessons in all of this. First, tell the truth. Second, it is better to understate your problems than overstate them. Remember, the DBA insurance company lawyer contended at trial that the claimant was exaggerating. However, the judge found that opposite - that claimant was understating his psychological problems.
This is one of the reasons why it is usually better for the people around you to talk about your PTSD symptoms and for you to understate your problems and issues.
Attacking you is DBA insurance company strategy 101. You can sidestep their attacks if you tell the truth and understate your problems. Then you won’t be found to be exaggerating. To the contrary, the judge will see you are understating your problems.
I realize that for many people this is difficult. But, if you have other people in your life that can prove your PTSD symptoms, that is almost always better.
Finally, alcoholism is fairly common for PTSD sufferers. Don’t think that just because you abuse alcohol that you can’t win your DBA case. If you are authentic - you win even though you have all sorts of issues and problems. Even alcoholism.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley