Disability Professionals

Defining Conflict in a Federal Appeal

I recently read an excellent 2001 law journal article on the use of fiction writing techniques to write persuasive facts sections. In the article, the author recommends defining conflict in classical terms. Thus, a writer should define conflict as one of the following archetypes:

• Man Against Man
• Man Against Self
• Man Against Nature
• Man Against Society
• Man Against Machine
• Man Against God
• God Against Everybody

This recommendation is especially important in the context of federal Social Security appeals. The two most apt definitions of conflict for a disability appeal are “man against machine” and “man against self.”

It is easy to portray the Social Security Administration as the machine in a “man against machine” scenario. Because of the long processing time and seemingly arbitrary application of the regulations, the administration becomes the antagonistic machine. By focusing on this bureaucratic machinery, a writer can generate support for the claimant as a classic underdog. As noted by the authors of the article, many readers instinctively root for the “little guy.” This includes judges and magistrates routinely presented with cases where a claimant has waited for years just to get to a hearing.

The “man against self” conflict is also important in federal appeals. Many claimants have problems such as a history of substance use, criminal backgrounds, or other character flaws. In these situations, it is best to focus on the claimant’s struggle against his own impairment. Often—especially in psychiatric cases—a claimant’s problems link directly to his or her impairments. As a result, emphasize the claimant as a person who is battling impairments to the best of their ability and show how an award of benefits could help them. Thus, the judge or magistrate may root for the claimant’s “better nature to prevail.”

I highly recommend the article. It presents invaluable advice for legal writing in any practice area.

See Brian J. Foley & Ruth Anne Robbins, Fiction 101: A primer for Lawyers on How to Use Fiction Writing Techniques to Write Persuasive Facts Sections, 32 Rutgers L. J. 459 (2001).

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The Chenery Doctrine in Federal Social Security Disability Appeals.