Six tips to prepare for your Social Security disability hearing
Attending your telephone hearing with an experienced attorney also provides you with peace of mind, knowing that you were as prepared as possible. The Advocator Group has helped over 150,000 clients receive SSDI benefits and can provide you with an experienced local attorney. Contact us today to discuss how we can help you prepare for your hearing.
You can expect to see an Administrative Law Judge (ALJ), a hearing reporter, your lawyer or representative if you have one, in some cases medical expert (ME), in some cases a vocational expert (VE), and any witnesses you bring. The Judge oversees the hearing, determines how it is conducted, and makes the final decision on your SSDI or SSI claim.
There are five steps in the process to being awarded Social Security Disability; initial application, reconsideration, hearing, appeals council, and federal court. If you are reading this, youâve likely made it to the hearing level. Here are some universal concepts for putting your best foot forward and making the most compelling case that you can:
Here are some universal concepts for putting your best foot forward and making the most compelling case that you can: Almost everyone is denied at steps one and two: That is just how the system goes. Keep your head up. Your greatest chance of winning disability benefits is at Step 3 (the hearing level). And to some degree this makes sense.
The hearing process is very similar for all types of appeals. If your request for hearing is about whether you are disabled, the Administrative Law Judge (ALJ) will focus on your medical condition(s) and make a decision based on the evidence in your case file. The ALJ may also call witnesses to testify.
Making Statements That Can Hurt Your Claim â Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.
Most important is that you directly answer your ALJ's questions about your case to the best of your abilities. You may also have questions about aspects of your case that might be regarded negatively by the ALJ. Don't panic, be honest, and make sure that you've gone over your case for these types of facts.
Unfortunately, your odds are even lower for getting your benefits approved on the first appealâabout 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantlyâmore than 55%.
The four most common types of hidden disabilities are:Autoimmune Diseases. In most people, the body's immune system protects them from invaders like bacteria and viruses. ... Mental Health Conditions. ... Neurological Disorders. ... Chronic Pain and Fatigue Disorders.
What Type of Questions Will Be Asked at Your Disability Interview...When did your condition become disabling?What is the contact information for your doctors?What are the dates of the visits to your doctors?What are the names of medications that you are currently taking?What medical tests have you undergone?
After you submit your application for disability, Social Security will mail you a form that asks you to describe your activities of daily living (ADLs). ADLs are the things we do on a day-to-day basis, like cleaning house, cooking, bathing, getting dressed, using the bathroom, taking care of pets, and paying bills.
Dates you last worked; The names, addresses, phone numbers, and dates of visits to your doctors; The names of medications that you take and medical tests you've had; and. Marital information.
If your SSDI application does take longer than 5 months to process, you will be awarded back pay and/or retroactive pay for up to 12 months. Back pay covers any time between your application, otherwise known as the EOD.
Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...â˘
OklahomaOklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.
The only way to overturn a decision made by an ALJ is to file an appeal with the Appeals Council. You can file an appeal to the Appeals Council by sending the SSA a letter or submitting Form HA-520.
Your attorney is there to represent your best interests. Your attorney also knows the legal standard in Social Security disability cases. If your attorney believes there is critical information about your case that has not been brought out during questioning by the Judge, your attorney may opt to ask you questions so that you may provide that information to the court.
If you are asked questions by the Judge, it is critical that you listen to the complete question and then respond to only that question. There is no need, for example, for you to recount your medical procedures if the Judge doesnât ask about them Your attorney will have already provided that information to the Judge. You can expect that the Judge has read your file and is already aware of your medical procedures. Your testimony, and that of your lay witnesses, is designed to provide first-hand information about your daily life and how your condition affects and restricts your life.
There may be experts at your hearing, such as medical or vocational experts. You are also entitled to bring witnesses to testify on your behalf. The purpose of these fact witnesses, called lay witnesses, is to testify about your limitations. You can expect to be questioned by the judge, as well.
You donât have to wear a suit if you normally donât do so. However, you should still take a moment to put some thought into how you will present yourself. Skirts should come at least to the knee. Cleavage has no place in at a disability hearing. Similarly, shorts are not appropriate. Nor are t-shirts with slogans or catchy phrases appropriate at a Social Security disability hearing. You should dress modestly, in clothes that are clean and pressed.
If you have been documenting your disability on a daily or weekly basis, take a moment to review the documentation, to remind yourself of all the ways you have been limited because of your disability. You should identify and be prepared to describe specific examples of your limitations. Testimony such as âI canât do anythingâ is neither helpful nor, frankly, accurate. The Judge will note that you made it to the disability hearing, so you can obviously do âsomething.â
It is not uncommon, however, for your attorney to not ask any questions. This does not mean he or she is not advocating for you. Nothing further may be needed to put on the record since:
Because there is a court reporter, it is critical that you respond verbally to questions. In other words, do not nod or shake your head. Also avoid responding with âUh-huh.â
The Judge oversees the hearing, determines how it is conducted, and makes the final decision on your SSDI or SSI claim.
Many claimants will become very upset and often cry during the hearing. This is normal and is a result of having to talk about how much your life has been impacted by your condition (s). I hope that by reading this page on the Social Security hearing process you will at-least have some idea of what you can expect and perhaps relieve some of your anxiety over this difficult task.
The SSDI or SSI hearing will usually start with the ALJ giving a short introduction of the case and admitting the case file as evidence. The ALJ will then either start the questioning himself or ask the claimants lawyer or representative to start the questioning. In the next paragraph I will give examples of frequently asked questions and in some cases explain why you are being asked those questions.
The questioning usually starts off with basic information such as name, address, date of birth, last grade you completed in school, etc... You will then usually be questioned about your past work. The ALJ or your lawyer will ask you about each of your jobs.
After the questioning is over your lawyer may make a closing statement to sum up your case. This is sometimes done with a brief. The Administrative Law Judge may also ask if you have anything else to say. Resist the urge to comment on how long this has taken and all the problems there is with Social Security. Most ALJs are aware of these things and saying it will not help your case.
The hearing reporter will not take part their job is to make sure the entire hearing is audio recorded. Your lawyer or representative will present your case and can question any witness including the vocational and medical expert. The vocational expert if present is there to give his expert opinion on work factors in you Social Security claim.
If your testimony is consistent with your medical conditions and RFCs then the more probable the ALJ will find your testimony to be credible. Be warned if you exaggerate your conditions most ALJs will know and probably not find you disabled. There will also be a series of questions about your daily activities.
You applied for Social Security Disability benefits, but got denied. You appealed the decision, but got denied again.
Before your hearing, youâll need to update Social Security on the status of the medical conditions that stopped you from working and how your treatment is going.
When you go to your hearing, youâll see your lawyer, the judge, an assistant, and perhaps a medical expert to talk about your health conditions and a vocational expert to talk about you how your health limitations affect your ability to hold a job in the current economy.
First and foremost, obtain copies of your medical records. Obtaining and submitting your medical records is key to presenting your disability case to the Social Security Administration. Administrative Law Judges are bound by the facts, in this case medical records meaning that even if the judge believes your testimony, they need the medical records to support your testimony. Your case is only as good as your evidence (medical records).
Tip: Do a Google search for the Social Security Listing of Impairments. Check to see if you have an impairment covered by the Listings. If you do, print it out. Take it to your treating physician. Ask your physician to write a letter to Social Security addressing whether you meet the Listing requirements.
Therefore, when you are in pain and hurting, see a doctor. Follow up on the doctorâs treatment recommendations. If you have multiple disabling conditions, do not suffer in silence and see multiple treating medical professionals for those conditions. As far as Social Security is concerned, if you are not getting medically treated, you are not hurting.
The Social Security Administration uses a grid of rules that sets out when an applicant is disabled, based on age, functional capacity (sedentary, light, medium, or heavy work), education level, and work history and skills.
If a judge gets the sense that you are honest, you have a much better chance of winning your claim.
Legal representation generally does not cost you anything up front. In fact, most Social Security Disability Attorneys only charge you if they win your claim. Most of the time the lawyerâs fees are based on a percentage of the disability benefits they are able to recover for you. Those disability checks are cut directly from the Social Security Administration, so there is no reason not to have an attorney.
Thereâs a catch. It is not a medical professional who determines if you meet a Social Security Listing, it is the Judge . Even if your treating physician (s) finds that you medically meet a Social Security Listing, a judge may dismiss the physicianâs opinions. If this seems unfair, often times it is. Unfortunately this is the reality we live in.
Since your request for disability benefits will rely heavily on your state of health and ability to work, obtaining up-to-date medical records is the most important part of filing for disability when presenting evidence at your hearing.
Prior to your disability hearing, the Social Security Administration (SSA) will allow you to review your case file. Taking a look at your case file can provide you valuable insight about the strength of your case once it appears in front of a judge.
Although the state doesnât approve Social Security disability insurance solely on such a basis, there is a list of conditions that are commonly covered, such as:
This is all we do. 1- (804)-733-3100. (We do not charge anything to review a claim.)
Almost everyone is denied at steps one and two: That is just how the system goes. Keep your head up. Your greatest chance of winning disability benefits is at Step 3 (the hearing level). And to some degree this makes sense. There are a lot of fakers out there and the Agency wants to make sure that you arenât one of them. They want the decision maker to âeye-ballâ you and that happens at Step 3.
Tell the Judge what it is like to be you: At Step 3 you appear before an Administrative Law Judge (âALJâ). Itâs at Step 3 that the Agency actually puts you under oath and asks you questions. It is also at Step 3 where you get to tell the judge what itâs like to be you. THIS IS YOUR BEST CHANCE OF WINNING.
There are five steps in the process to being awarded Social Security Disability; initial application, reconsideration, hearing, appeals council, and federal court. If you are reading this, youâve likely made it to the hearing level. Here are some universal concepts for putting your best foot forward and making the most compelling case that you can:
A record devoid of doctor appointments is a losing record. The ALJ will simply conclude that if you were not treating your condition, you were not hurting or your impairments were not very severe. This argument isnât logically sound â but they reach this conclusion ALL THE TIME.
Updated records need to be requested from medical providers and any outstanding documentation must be gathered, including financial statements and work history. It is common for many questions to be asked during a disability hearing, as the evaluation process is extremely thorough.
Planning and practicing what you will say to the judge is a critical part of your hearing preparations. A SSDI approval is only granted if the judge finds that your disability keeps you from returning to your previous job and learning or adapting to a new type of work, taking into consideration your age, education, and work history.
The judge will use the information in your SSDI ďŹle to ask you questions about your daily activities. This is your opportunity to explain how your disability impacts you on a daily basis. Your testimony helps to inform the judgeâs decision to award or deny the claim.
Hearing proceedings typically last between 30 to 60 minutes. In working with an experienced representative, such as The Advocator Group, you will have the attorney assigned to you on the call to ensure your hearing goes smoothly. You can expect the judge to take testimony from you and likely a vocational expert.
Work history is also a key topic at SSDI hearings. The judge will inquire about your past job duties, the physical or mental requirements to perform the job, and the resulting impact on your ability to perform job duties with the existence of any medical impairments .
Having a professional representative with you at your hearing will allow you to focus on your own testimony so you can thoroughly explain your limitations to the judge. Your attorney will support you during your testimony and make sure all relevant evidence is presented.
Attending your telephone hearing with an experienced attorney also provides you with peace of mind, knowing that you were as prepared as possible.