how much time do i need to spend preparing with my lawyer for a disability hearing

Full Answer

When will my attorney speak to me before my disability hearing?

It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members.

How does a disability attorney get a case?

When a disability attorney gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The attorney will then work with the applicant to get the necessary records and submit them on time to the SSA.

What can I expect at a Social Security disability 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.

Should I hire a disability attorney or a doctor for disability?

Doctors are sometimes more likely to respond to another "professional," like a disability attorney, rather than to their own patients. A disability attorney has experience dealing with medical professionals and is often better able to address their questions or concerns than the applicant. This ability often makes doctors more willing to help.

What should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – 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.

How do I prepare for a Social Security hearing?

Five Tips to Prepare for Your HearingReview your file. You need to review your application, your medical records, and any correspondence with the SSA. ... Prepare a cheat sheet. ... Provide recent medical records. ... Obtain a written doctor's statement. ... Retain an attorney.

What are the odds of getting disability in a hearing?

Your odds of winning at a disability hearing before a judge are about 50%. If you have a lawyer with you, however, your odds increase to 62%, making your claim statistically more likely to be approved than be rejected.

How can I speed up my disability hearing?

Requesting an Expedite of the Hearing Based on Dire Need If your financial situation has declined so severely that you do not have the money to meet your basic living needs, you can request a “Dire Need” letter to the SSA's ODAR. If the SSA agrees that you are in dire need, your appeals hearing will be expedited.

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

How do you answer a disability question?

How to Answer Disability QuestionnairesWrite clearly and legibly. Avoid erasures as much as possible. ... Do not leave any section of the form blank (unless otherwise specified). ... Give consistent answers. ... Answer the questions truthfully. ... Follow the instructions on the form.

What is the hardest state to get disability?

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.

What are the odds of winning a disability case?

Learn More: Appealing After A DenialStateInitial Approval RateAlaska60.7%Arizona60.7%Arkansas72.2%California70.0%47 more rows

How many disability claims are denied?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.

Why do you have to wait 5 months for disability?

Applicants can begin to receive benefits starting the sixth month after their established onset date (EOD) due to a mandatory five-month waiting period maintained by the SSA. The purpose of this waiting period is to ensure that applicants have long-term disabilities before they receive any benefits.

What is the average time to get approved for disability?

about 3 to 5 monthsGenerally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

How can I survive waiting on disability?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)

Obtaining & Requesting Up-to-Date Medical Records

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.

Reviewing Your Case File

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.

Qualifying for Social Security Disability Benefits in Texas

Although the state doesn’t approve Social Security disability insurance solely on such a basis, there is a list of conditions that are commonly covered, such as:

What to do if you are represented at a hearing?

If you're represented, make sure you meet with your representative before your hearing.

How to keep a diary of your hearing?

Keep a detailed diary of your daily activities a few weeks prior to your hearing. Include nearly everything you do from the time you wake up to the time you go to sleep, including how well you sleep at night. Specifically, make sure you document how well you feel throughout the day; what you do to alleviate discomfort; which medications you take, when, and how often.

What are the questions asked in a medical condition?

Medical Condition (s): The judge already will have copies of your medical records, so you'll mostly be asked about your symptoms (dizziness, inability to stand, pain, etc.). Some questions to consider: Can you describe the intensity of the pain on a scale of one to 10? Do you take medications and are there any side effects? Is your range of motion limited?

What does it mean to appeal a denial?

That means you must present yourself as a reliable claimant, especially for conditions where there is limited objective evidence (including mental disabilities and chronic pain).

What do judges ask about your work history?

Specifically, you'll be asked about your job duties; how much time was spent sitting, standing, or walking; how much weight you had to lift; and the level of skill required for each job.

What questions are asked when you are on disability?

Questions may include: How long can you walk before you need to rest? Are you able to concentrate for an extended period of time?

Should you tell the truth during a hearing?

As a rule, always tell the absolute truth during your hearing. Exaggerations of your symptoms, if inconsistent with other evidence, can derail a claim that otherwise might have been approved. Also, it helps to be concise with your answers. This article covers the types of information you'll need to know at your hearing, ...

In how long can you get disability benefits with an attorney?

There are many disabled individuals hoping that by retaining the services of a disability lawyer, they can quickly get Social Security Disability benefits.

Disability benefits application process

A Supplemental Security Income ( SSI) or Social Security Disability Insurance ( SSDI) process can take a long time.

Factors affecting the disability benefits process

Many variables potentially affect your disability benefits process and how long it will take for you to get your benefits or approval.

What can a disability lawyer do for you

Here is what a disability attorney may do to help you speed up (to a certain extent) your disability claim:

What are the odds of winning a disability hearing?

Your odds of winning at a disability hearing before a judge are about 50%. If you have a lawyer with you, however, your odds increase to 62%, making your claim statistically more likely to be approved than be rejected.

What is disability based on?

Disability cases are based almost entirely on medical evidence. A lawyer by your side will be able to get the necessary evidence, such as medical records, as well as collect witnesses who can support your claims as extra ammunition for your case.

Why is disability compensation important?

Disability compensation is essential if your disability keeps you from working and making ends meet. Unfortunately, the Social Security Disability system is one of the most overworked systems in the country, so getting the compensation you need may be difficult. In fact, most people are denied their initial claim and forced to appeal at a hearing.

What happens if a DDS approves a request?

Any request that’s approved by the DDS is placed under extreme scrutiny. The quality control unit has to analyze every approved request. If the approval is deemed to be faulty, it will be sent back as a return, which is considered a black mark on the supervisor’s records. Quality control can deem a disapproved case approved, but the reverse is far more common. Because of this, supervisors often reverse approvals before cases even reach quality control. Cases that are denied initially are not put under the same scrutiny. Judges at hearings, on the other hand, aren’t subject to this at all and can act objectively.

How many chances of being approved for Social Security?

Statistically speaking, according to the Social Security Resource Center, you only have a 30% chance of being approved after your initial application is submitted. When you submit an appeal, that number decreases even further to 15% approved for reconsideration.

Can a disapproved case be approved?

Quality control can deem a disapproved case approved, but the reverse is far more common. Because of this, supervisors often reverse approvals before cases even reach quality control. Cases that are denied initially are not put under the same scrutiny.

What does an ALJ do at an SSDI hearing?

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.

What happens during a Social Security hearing?

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.

What information do you ask an ALJ about?

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.

What to say after questioning on Social Security?

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.

Who oversees the hearing on SSDI?

The Judge oversees the hearing, determines how it is conducted, and makes the final decision on your SSDI or SSI claim.

Can a hearing reporter take part in a hearing?

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.

Can an ALJ find a testimony credible?

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.

How long before a disability hearing can you speak to a client?

It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

How to prove you are not sedentary?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.

How to win a disability claim?

First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

What does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

What is disability lawyer?

Disability lawyers are trained to counter negative testimony presented by the vocational expert and to elicit supportive opinions. This skill requires an understanding of the complex way in which different jobs, and the skills needed to do them, are categorized.

Why is it important to ask questions to an attorney?

This is important because if there are any areas in the applicant's testimony that weaken the case, the attorney is trained to spot the problem and to use further questioning to correct or clarify the applicant's testimony.

Why are disability advocates important?

Represented applicants are more likely to win because, in part, disability attorneys and advocates know how to develop the evidence needed for an approval for that client's particular medical conditions. When a good disability attorney or advocate gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The representative will then work with the applicant to get the necessary records and submit them on time to the SSA. The representative will also make sure that irrelevant information is not submitted, which is important if the claim goes to the hearing level, because administrative law judges (ALJs) often become aggravated if they have to sift through pages of irrelevant records.

What are the bad facts about disability?

Sometimes "bad facts" come in the form of a doctor's opinion that states that the applicant is not disabled or that the applicant is exaggerating symptoms. Other times, an applicant has not seen a doctor for many years or has been inconsistent with following a treatment plan, either of which can hurt the applicant's chances. Regardless of the specifics of the "bad facts," disability attorneys are often able to confront and explain the issues to the ALJ in ways that minimize damage to the applicant's case.

Why don't doctors help with disability?

A supportive opinion from your doctor (s) is vital to winning a disability claim. However, doctors are sometimes unwilling to help disability applicants. There are many different reasons why doctors may not want to help; for example, a doctor may be unsure about how the disability process works or may be too busy to fill out forms. Some doctors may have personal opinions about Social Security benefits that make them unwilling to help. Also, a doctor simply may not believe the applicant is disabled.

Why are lawyers more likely to win on appeal?

Applicants with lawyers are more likely to win on appeal is because most disability attorneys have extensive experience with the appeal hearing process. This experience gives attorneys the specialized skills needed to win your appeal. Experienced disability attorneys have also learned to work through the process correctly so there are as few additional difficulties as possible.

What does it mean when an attorney decides on the best argument?

Once the attorney has decided on the best argument, he or she can determine how to meet the requirements of the rules and regulations using the facts of the case. This also means that an attorney can anticipate weaknesses in a case and decide how best to manage them.