i have a disability hearing today, what questions should i ask my lawyer

by Ronny Ryan II 9 min read

The law is no different. When meeting with a disability attorney, ask how much of her practice is devoted to handling SSD claims – it should be a good chunk, if not 100%. You should also ask about any professional organizations they belong to and what type of continuing education they receive.

Questions You Should Expect To Be Asked During A Social Security Disability Hearing
  • What is your formal education?
  • Do you have any vocational training?
  • Are you currently working?
  • What was your last job and what were your job responsibilities?
  • Have you tried working since you became disabled?

Full Answer

What questions will the disability judge ask?

Feb 27, 2017 · Asking directly about the validity of your claim gives them a sense of responsibility and accountability in moving forward, and gives the opportunity for you to walk away before racking up lawyer fees if the likelihood of being eligible is low. Do You Have Specialized Training in Disability Law?

What happens after a disability hearing has been held?

Disability lawyer top questions to ask Recently on our disability forum a user asked, I have applied for Social Security Disability Insurance and I have been denied. I think I need a disability lawyer. I have heard some horror stories about how some disability lawyers won t call you back and they come to the hearings unprepared.

How long after SSDI hearing?

How do I prepare for my disability hearing?

How do I prepare for a disability hearing?

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

How do you answer a disability hearing question?

Tips When Answering Disability Judge Questions
  1. Be direct and concise. ...
  2. Be Honest – Even if you think your answer might harm your case. ...
  3. If you don't understand a question, ask for it to be repeated. ...
  4. Be prepared. ...
  5. Contemplate your answers to key questions.

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.
  • “I can't work because no one will hire me.” ...
  • “I don't know why I'm here. ...
  • “I don't do chores because my significant other, friend or family member does them.” ...
  • “I have never used drugs or alcohol in my life.”
•
Oct 17, 2014

What kind of questions does Social Security Disability ask?

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.Feb 23, 2017

What does a disabled person do all day?

ADLs include things like shopping, cooking, getting around (either by public transportation or by driving yourself), cooking, paying bills, being able to take care of your personal hygiene, and so on.

How do you answer an ALJ question?

When answering an ALJ's questions, we recommend to our clients that they:
  1. Stay on subject and don't ramble.
  2. Be honest.
  3. Be prepared to explain any discrepancies that may be in their record.
  4. Don't be embarrassed or offended by the judge's questions.
  5. Be specific about their symptoms, treatment and limitations.
•
Jan 22, 2020

What is the hardest state to get disability?

Oklahoma
Oklahoma 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 conditions qualify for disability?

What Conditions Automatically Qualify You for Disability?
  • Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)
  • Special senses and speech (e.g., visual disorders, blindness)
  • Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)

Can you get disability for depression and anxiety?

If you have anxiety and/or depression, you may have trouble holding a job or earning enough money to support yourself. The Social Security Administration offers SSDI benefits for mental health-related disabilities, including anxiety and depression.Dec 31, 2020

How do I pass a disability review?

If you want to keep yours, here are some tips on how to pass a continuing disability review:
  1. Follow Your Treatment Protocol. ...
  2. Learn More About Your Condition. ...
  3. Answer the Short Form Honestly. ...
  4. Keep Copies of Your Medical Records. ...
  5. Inform the SSA of Any Change in Address.
Apr 22, 2020

What should you not say when applying for Social Security disability?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

How long does a disability interview take?

A Social Security representative will interview you and complete an application for disability benefits and an Adult Disability Report. The interview will take place either in your local Social Security office or by telephone. It will take at least 1 hour.

Do I Have a Substantial Claim?

In your initial consultation, your lawyer should give a full assessment of your case. In some cases, an attorney will see clearly that you don’t have a solid case and most likely will not be awarded benefits but will neglect to tell you so that they can collect a fee.

Do You Have Specialized Training in Disability Law?

Disability law is a highly specialized field, and a general practitioner attorney will not be as knowledgeable or familiar with the ins and outs of the SSA when handling your case as a disability attorney would.

What are Your Success Rates in Handling a Social Security Disability Appeal?

It’s important to know your disability attorney’s credentials, from their educational background, license to practice law, and experience. When asking about experience, it’s important to get a good idea of success rates, especially if you’re hoping that they will handle your Social Security disability appeal and overturn your rejection.

Will You Be Handling My Case?

It’s not uncommon for a lawyer to pass off their work to another staff member. All of your questioning about your disability lawyer’s qualification and competence are irrelevant if they are passing off the brunt of your case work to a member of their staff who doesn’t meet all of those qualifications.

What Do I Need to Do?

Get a clear idea of what your disability attorney needs from you. Whether they are building your case from the ground up or taking over for your Social Security disability appeal, there could very well be information or documents that are needed in order to best represent your case.

What is Your Fee?

You’re in a vulnerable position. It’s crucial that you have a solid understanding of the financial agreement that you’re making before you commit to a disability lawyer. Disability lawyers work on a contingency fee; if you win, the usual agreement is that their fee is a certain percentage of your back pay benefits (i.e.

Looking for a Disability Attorney in Springfield, MO?

Choose RGG Law. We specialize in disability law. We are members of NOSSCR; we are knowledgeable and experienced. Give yourself the best chance; make sure that a qualified disability attorney is handling your claim. Call RGG Law and schedule your free consultation with one of our disability lawyers.

Know What Questions to Expect

You may be more comfortable if you know what kinds of questions to expect during the hearing. The administrative law judge will likely ask you for your name, Social Security number, age, mailing address, height and weight. After that, you should be prepared to answer questions such as:

Work With a Lawyer Who Will Thoroughly Prepare You for Your Hearing

Our board certified Social Security disability lawyers will not let you go to your hearing unprepared. We will use our experience to anticipate what the administrative law judge wants to know and to help you anticipate the questions that will be asked of you so that you can prepare your answers.

Why hire a disability lawyer?

Hiring a disability attorney to handle your case can greatly improve your chances of success, but it's important to make sure the person you hire is experienced, knowledgeable, and willing to go the extra step for you . Most attorneys will schedule you for a free consultation to explain the disability process and to interview you about your medical ...

What is a disability attorney?

Most disability attorneys are members of NOSSCR, the National Organization of Social Security Claimants' Representatives, which provides continuing education and training in disability law throughout the year.

What can a disability advocate do?

A disability advocate can provide you with pre-hearing preparation, which will help you avoid answering the judge's questions in a way that may hurt your case and can allay any fears you may have . Additionally and, perhaps, more importantly, a disability representative can answer many of the judge's questions that arise at a disability hearing. ...

How to answer an ALJ's question?

Be Honest and Don't Exaggerate. The most important way to answer an ALJ's question is with honesty. Some claimants feel that if they make their symptoms sound worse than they really are, they will have a better chance at winning their claim. However, exaggerating your disability usually has the opposite affect.

What are some bad facts about medical records?

Medical records sometimes contain "bad" facts. "Bad" facts can hurt your case if they are not handled properly. For example, one common problem with people who suffer from chronic pain is over-reliance on pain medication. In these cases, medical records may state that the claimant suffers from narcotic dependency or is suspected of abusing pain medication. Here, the worst thing a claimant can do is to deny the problem or try to blame the medical provider. The best answer is the truthful one—for example, that there was a problem with pain medication and you are receiving (or plan to get) treatment for the dependency, or that you switched or reduced medications to minimize the possibility of addiction. (For more information on how prescription drug use can affect your claim, see our article on whether you can get disability if you are suspected of drug overuse .)

How long does a court hearing last?

The answer depends on the judge. Some judges hold short 15-minute hearings. Other judges hold hearings for over 1 hour depending on the complexity of the case. On the day of the hearing be prepared to prepare with your attorney an hour before the hearing and expect that the hearing will last up to an hour.

What is the purpose of a hearing?

Keep in mind, the purpose of a hearing is not to trick you or get you to admitting a bad fact. Rather, a hearing is your opportunity to explain your situation in detail and provide the judge with an insight into your daily life that is not obvious from merely reading evidence in the record. When answering questions from ...

Why is it important to trust the process?

It’s important to trust the process and be patient while the judge or your attorney establishes the background facts. On that note, some judges ask your attorney to ask most of the questions, in which case the advice is still the same – focus on the call of the question and only answer the question that is asked.

What do you ask a judge about your disability?

First, the judge will ask your name, date of birth, address, and possibly your Social Security Number. You will usually be asked if you were in the military and if you are married, single, or divorced. These are questions that are easy for most people. However, once those questions are answered, you will be asked about your disability.

What is SSA hearing?

SSA hearings are informal. They are also private, which means the public cannot come in and out of the court room. The only people who will listen to your testimony are the people in the hearing. This is typically the Judge, your attorney, the court reporter, and possibly a vocational or medical expert who is hired by the SSA. ...

How long can you sit at a time?

If you cannot sit for more than 15 minutes at a time, tell the Judge. If you cannot walk for more than 10 minutes at a time due to back pain or some other problem, tell the Judge. The more specific you are in your answers, the more the Judge will understand your limitations.

How long does a panic attack last?

The panic attack would last 30 minutes and during that time I would have to go to the break room.”. If you answer like this, you have helped the Judge understand that at least once a week, due to panic attacks, you would be away from your work station for at least 30 minutes.