what an ssdi hearing lawyer should do

SSDI

lawyers and advocates perform a wide variety of tasks as part of their representation, including: explaining how the disability process works evaluating the strength of your case helping you file your initial application or appeal

Full Answer

Do I need an attorney for my Social Security disability hearing?

If you are anxious about your disability hearing, having professional representation can help. An experienced SSDI attorney has heard the questions an ALJ might ask dozens, if not hundreds, of times and can help you adequately prepare.

What happens at a SSDI hearing?

During a SSDI hearing, the Judge often calls upon the VE if there are questions about your impairments preventing you from working. In some hearings, ALJ’s do not engage VE’s with questions.

What does a Social Security disability lawyer do?

Next, your attorney will develop a "theory" of why you are disabled under Social Security disability law. Your attorney will write a legal brief for the judge explaining the theory of the case. There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your exertion level is " less than sedentary ."

How do I prepare for my SSDI hearing?

In preparing for your SSDI hearing, it is important to know what will take place and what will be expected of you as the claimant.

What are the odds of winning a SSDI hearing?

Nationally, about 47 percent of all cases at the Hearing Level are won by claimants.

How important is a vocational expert at SSDI hearing?

At the hearing, a vocational expert will typically be called by an ALJ to provide evidence about whether a claimant can do their previous work or any other job. The vocational expert will be given the evidence/exhibits from the case as well as the claimant's past work history to review before the hearing.

How can I tell if my SSDI hearing went well?

At most disability hearings, you can also expect the ALJ to ask detailed questions about your condition and how it affects your work and relationships with loved ones. If the ALJ does not ask a lot of questions, this may be a good indicator that the ALJ has sufficient medical evidence to make a favorable decision.

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.

How do you answer an ALJ question?

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.

What is the purpose of a vocational expert?

A vocational expert is an expert witness who knows about job availability in the current labor market as well as the skills that are needed to perform specific jobs. At a disability hearing, the Social Security Administration (SSA) often calls on vocational experts to testify.

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 explain daily activities at a disability hearing?

0:052:31How to Describe Your Daily Activities at Your Disability Hearing - YouTubeYouTubeStart of suggested clipEnd of suggested clipThey ask how you spend a usual day. They use your description to figure out whether or not yourMoreThey ask how you spend a usual day. They use your description to figure out whether or not your daily activities are consistent with the symptoms. And limitations you describe.

How do you win SSDI?

Top Ways to Increase Chances of Winning Disability ClaimEnsure That Your Application is Complete. ... Keep Accurate and Complete Medical Documentation. ... Maintain a Good Relationship With Your Physician(s) ... Keep Close Tabs on the Status of Your Claim. ... Follow up on all Treatment Recommendations.

What should I say in a disability interview?

Prepare for Your Disability Interview with These 6 QuestionsDates, addresses and contact information of your previous employment. ... Information on Doctors and Medication. ... Household information. ... Supplemental Security Income (SSI) ... Current Living Situation. ... Sources of Income. ... A Number of Assets You Own. ... Written Statements.

What 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.

What can I expect at a Social Security hearing?

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.

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

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 an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

How to prove you are not capable of sedentary work?

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.

Can you testify about your disability?

The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

Can an attorney judge you?

Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.

Can a disability attorney meet with you?

Most disability attorneys speak with their clients by phone, but you can ask your attorney to meet you in person if you wish. Before your pre-hearing meeting or phone conference, your attorney will have reviewed your file and determined what issues still need to be addressed.

WHAT HAPPENS NEXT?

Before you reached the hearing level, you were denied SSDI / SSI disability 1-2 times by the disability examiners. During those lower levels, the disability examiners made some efforts to obtain your medical records. However, if your doctors did not respond, they may have made their decision based on incomplete records. This is VERY COMMON.

In-Person Hearings

Hearings are usually in-person at a local SSA Office of Hearing Operations or “Hearing Office”. These offices are NOT the offices that you would go to in order to renew a Social Security card or file for benefits. They are usually in a generic office building where other businesses are.

SECURITY CHECK

You and anyone who comes with you will go through a federal security checkpoint. Everyone who accompanies you (except children) must bring picture I.D. No weapons are allowed. Do not bring anything illegal. If you do, you or anyone with you could be arrested.

NO SPECTATORS

No spectators are allowed. Most Judges do not allow spectators in the courtroom, and we do not recommend it anyway. EVERYONE who accompanies you will have to wait outside or in the lobby area.

Video Hearings

The same above rules apply for hearings that are over video. These hearings are done via video if you are far away from where the Judge is located, and will usually be in either the Hearing Office over or can be at a local SSA office where you would obtain a Social Security card, etc.

Telephone Hearings

In rare cases, your hearing may be over the phone. If this is the case, you will attend the hearing via phone from your home or some place you have good telephone reception and a quiet place to talk.

WHAT HAPPENS DURING THE HEARING

Having done thousands of these hearings, we can say that most of them go exactly the same every time.

How to prepare for a hearing?

Be Prepared. Take some time to review your medical file before the hearing. Make sure you are able to quickly and naturally answer questions about your medical condition, treatments, medications, and your limitations. Organizing your file is a good way to review information and dates.

What should your response to a judge's question be?

Your responses to a judge's questions should be full, forthright, and honest. Don't exaggerate your medical condition, pain, or the limitations caused by your physical or mental impairments.

Is a disability hearing adversarial?

Remember that the hearing is not adversarial. Any stress you have been feeling because your initial disability claim was denied needs to be checked at the door. The disability hearing is not the time or place to be rude or to vent your frustration at "the system.".

Can you be late for a disability hearing?

There is simply no excuse for being late for your disability hearing. You will know the date, time and location of the hearing in advance. Do a dry run to make sure you know where to go, leave extra early, and plan in advance for an emergency such as how you will get there if your planned ride is suddenly unavailable.

Can an ALJ hear your medical history?

The ALJ does not have time to hear the entire history of your disability and your medical condition. If and when you are asked questions, answer the question you were asked without providing additional information. You might inadvertently embellish with details that hurt rather than help your case. For guidance on how to answer the judge, see our article on answering questions at a disability hearing.

What is the job of a disability judge?

Consider the job of a disability judge. In order to do their job, a judge has to take in a tremendous amount of information in a short period of time. At every hearing, the judge will have a disability claimant’s electronic file in front of them on their computer monitor. This file contains every piece of medical evidence from ...

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 ...

How to derail a hearing?

The fastest way to derail a hearing is to offer long, narrative answers to yes or no questions. Consider the job of a disability judge. In order to do their job, a judge has to take in a tremendous amount of information in a short period of time. At every hearing, the judge will have a disability claimant’s electronic file in front ...

How to be honest with a judge?

When you are honest with the judge about activities you are capable of doing, you establish credibility, and credibility can make or break your case. 3. If you don’t understand a question, ask for it to be repeated. Take the time to ask the judge or your lawyer to rephrase a confusing or inelegantly worded question.

Do you have to be totally incapacitated to get a disability?

You do not need to be totally incapacitated to be eligible for the disability program. The burden is to prove an inability to perform consistent, full time gainful activity forty hours a workweek, eight hours per day, five days per week.

Do you have to dress up for a disability hearing?

Due to COVID, there’s no need to dress up. All disability hearings are now conducted by telephone, so you can testify from the comfort of your pajamas. Please refer to our helpful tips and hints for testifying at a telephonic hearing, which has it’s own nuances that are different than in-person hearings.

What is a disability hearing?

Even though there may be many questions asked, a disability hearing is much more like a roundtable discussion between parties instead of the court room dramas we have come to know from television. You may rest easy knowing the proceeding is closed to the public with only a few parties allowed.

What does an ALJ do during a hearing?

During the hearing, the ALJ will typically begin with questioning you before allowing your attorney to do so. Throughout the questioning, you are given the opportunity to testify directly to all parties, but specially the ALJ, about your disabilities and the challenges they have posed on your day-to-day life.