what dose a lawyer do judge disability hearing

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

2. Be Honest – Even if you think your answer might harm your case. In disability hearings as in life, honesty is always the best policy. The second most efficient way to derail a disability hearing is for the judge to think you are not being honest about your medical condition.

What to expect at a Social Security disability hearing?

Jul 09, 2021 · You will know the answers to the questions, because all of the questions are about you and your disability. First, the judge will ask your name, date of birth, address, and possibly your Social Security Number. Second, you will usually be asked if you were in the military and if you are married, single, or divorced.

What does a Social Security disability lawyer do?

Prior to the Hearing, the attorney or representative will develop a theory of disability, which is an argument presented to the judge in writing prior to the Hearing and in person at the Hearing. Your attorney or representative ensures the facts of your case are brought out fully so the judge can make an informed decision.

How many Social Security disability hearings are won?

May 27, 2020 · 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.

What can I expect at a disability hearing?

During the Hearing After swearing you in and identifying everyone in the room for the record, the judge will read a basic statement about your SSDI case and then ask you a number of questions regarding your past employment, your disability, and whether you're able to perform daily self-care and work-related tasks.

How can I tell if my SSDI hearing went well?

When you do finally receive your Notice of Decision from the ALJ, read it closely. It will say whether you have been approved for benefits or denied, along with the rationale for how that determination was made. If you are successful, you'll either receive a fully favorable or a partially favorable decision.Nov 26, 2019

How do I prepare for a disability hearing?

Steps to Prepare for Your SSDI HearingUnderstand Your Claim. It is important to spend time reviewing your case file with your attorney. ... Prepare Your Notes. At your disability hearing, you will be allowed to use notes to help you discuss your claim. ... Gather Recent Medical Records. ... Get Expert Opinions.

How do you answer a disability hearing question?

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

What do disability judges look for?

Every claimant in a disability hearing will be asked to state their full name, Social Security number and mailing address. You will also be asked how old you are, your date of birth, height and weight.Mar 15, 2022

What can you not say to a disability judge?

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.

Do you call an ALJ Your Honor?

Be respectful of the administrative process, and address the Administrative Law Judge as “Your Honor” , “Judge”, or “Mr. or Ms….” but do not address the Judge by his or her first name or as a “hearing officer”.Oct 17, 2000

What is ALJ hearing?

ALJ hearings give you a chance to present your case in person to an administrative law judge (or ALJ) and potentially get your case decision reversed. This involves first going to your closest Office of Disability Adjudication and Review (ODAR), which is separate than most local Social Security offices.

How do I apply for disability for PTSD?

PTSD can be considered a disability by the SSA if the criteria for Listings 12.15 or 112.15 Trauma- and stressor-related disorders are met by the applicant. If your symptoms of PTSD are so severe that you are unable to work, the SSA will consider you disabled and you will be able to get disability with PTSD.

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.”More items...•Oct 17, 2014

What should you not tell a disability doctor?

Limit yourself to only talk about your condition and not opinions. Do not tell a disability doctor you think you are dying, that you think the examination is unnecessary, that you do not trust doctors, or that you believe your current medical treatment is not good.Nov 11, 2020

What should I say in a disability interview?

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?Feb 26, 2021

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 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 to help yourself when you are disabled?

The main thing you can do to help yourself is to think about your disability and how it keeps you from working. Specifically, the Judge wants to know how much you can lift, how long you can sit, stand and walk, and if you are able to concentrate on job instructions.

What does it mean when a judge asks how much weight you can lift?

So, instead of answering with general statements, be specific. Likewise, if the judge asks how many pounds you can lift, the answer isn’t “not very much.”. The answer is 5, 10, or the number of pounds you could lift repetitively throughout ...

How long can you walk for a 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.

Can a judge ask you if you have panic attacks?

For example, if you have Anxiety, the Judge may ask if you have panic attacks at work. Your answer should not simply be “yes.”.

How does Social Security determine if someone is disabled?

The primary tool that Social Security uses to determine if someone meets their definition of being disabled is the 5-step sequential evaluation process. So the entire Hearing is basically an opportunity for the disability judge to review the facts of your case utilizing this sequential evaluation.

What is the goal of a disability attorney?

The goal of the disability attorney or representative is simple: get your claim approved. Prior to the Hearing, the attorney or representative will develop a theory of disability, which is an argument presented to the judge in writing prior to the Hearing and in person at the Hearing. Your attorney or representative ensures the facts ...

What is a vocational expert?

Vocational Expert (VE). The VE is an expert at classifying jobs that are performed and available in the national economy. The Administrative Law Judge (ALJ) has the option to schedule a Vocational Expert to attend your Hearing. Some judges like to have a VE present, while others don’t. It is solely the judge’s preference, ...

What is an ALJ?

Administrative Law Judge (ALJ). The ALJ’s job is to determine whether you are disabled under Social Security rules. They are the single decision-maker at a disability Hearing. They preside over the Hearing and ensure it proceeds in a manner that enables them to make an informed decision. Judges have very different styles and are given considerable latitude in terms of how they question, how much interaction with you, how much interaction with your disability attorney or representative and the general pace and flow of the Hearing.

What is the ME's role in a medical court case?

Additionally, the ME is not able to perform tests or otherwise examine you during the Hearing. The ME’s role is strictly limited to helping the judge understand the medical evidence in the file.

What is the purpose of a representative's preparation for a hearing?

Your representative will fully prepare you for the Hearing to ensure you emphasize important points and de-emphasize (or avoid) points that can hurt your claim. Obviously being honest in your answers is critical (and you will be under oath).

What percentage of hearings include third party witnesses?

Witness (es). We estimate that only 5% of Hearings include participation of a third-party witness, such as a neighbor, colleague, family member, etc. The reason is simple: their observations of your symptoms, while they may be interesting, do not matter.

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.

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 does an ALJ look for in a disability hearing?

Generally speaking, ALJs look for: Credible claimant testimony. Sufficient medical records.

What do judges expect from a claimant?

Judges expect effort from the claimant. They expect a claimant to cooperate with the system. Seeking disability is a long and difficult process, but a claimant’s failure to cooperate (e.g., does not fill out necessary paperwork or does not go to a consultative examination), can cause problems for the claimant.

What is the primary source of evidence in a disability claim?

The primary source of evidence in a disability claim is the claimant’s medical records. The Social Security Administration (SSA) orders a claimant’s medical records at the Application and Reconsideration levels. The claimant and her social security disability attorney develop the medical record at the Hearing level.

Why is it important for a judge to see opinions from medical providers?

It is important for a claimant to build a good relationship with her medical provider (s) so hopefully, the provider will support the claimant in her disability claim.

How to get disability benefits after being denied?

The first step to obtaining benefits after a denial is to appeal the decision and ask for a reconsideration. However, reconsideration efforts are not always successful.

How long do you have to appeal a disability denial?

According to information from the Social Security Administration, you are entitled to an appeal. However, the SSA says that you have 60 days after receiving a notice of a denial decision to ask for any type of appeal.

Why is opinion evidence important in a disability case?

Opinion evidence is very important in a disability case. Medical records provide information regarding the claimant’s symptom complaints, examination findings, treatments, and recommendations for future treatment, but they typically do not include a doctor’s opinion regarding a claimant’s functional limitations.

What do ALJs do?

While Administrative Law Judges ( ALJs) who work for Social Security decide disability cases mainly on the weight of the medical evidence, including x-rays, lab panels, treatment notes, and statements from physicians, an applicant's appearance and testimony can be taken ...

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.

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.

Can you tie your shoes without gasping?

By the same token, though, SSDI and SSI Claimants should never minimize the extent to which their impairments affect them daily.If you can't even tie your shoes without gasping in pain, say so. Be truthful about how your condition interferes with your ability to work and perform basic life tasks.

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.

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.

What is the biggest mistake a disability claimant makes?

Finally, the biggest mistake disability claimants make is to try to navigate the system alone. An experienced disability attorney can prepare you for your hearing and greatly increase your chances of being approved.

What is the hearing for Social Security disability?

A Social Security disability hearing can be a nerve-wracking experience, especially for those unfamiliar with the process and those unrepresented by an attorney. Depending on the administrative law judge (ALJ), a hearing can be contentious and adversarial or relatively laid-back and easygoing. While you can always hope for ...

What are some things to avoid when you are on unemployment?

Here are a couple general areas or statements to avoid unless you are specifically questioned about them. You have family members who are receiving disability or unemployment benefits. You have a criminal history. You have problems with drugs or alcohol. You haven't followed your doctor's orders or treatment plans.

How long do migraines last?

Instead, try to quantify your symptoms to the extent possible: "I get a migraine headache about four to five days a week, and they usually last from four to as much as twelve hours.".

What happens if you don't tell the ALJ?

If you don't, the judge will assume that you aren't having any problems and are capable of working.

Do you have to answer an ALJ question?

If the ALJ asks you a question directly, you absolutely must answer it honestly. But your duty to tell the truth does not require you to bring up information unsolicited that might be harmful to your case. Here are a couple general areas or statements to avoid unless you are specifically questioned about them.

Do you have to offer information at a disability hearing?

You just don't need to offer the information if you're not asked about it. Another instance: if you volunteer that "no one's hiring where you live," the judge might think that you believe you could work if only jobs were available. Here are some other points you should avoid bringing up at a disability hearing.

What is the second level of disability appeal?

The second level of the Social Security Disability appeals process is a hearing before an administrative law judge. Statistically, most disability claims for either Social Security Disability or SSI are won at the at the disability hearing level.

What can a judge ask a disability attorney?

The judge will have the opportunity to question you and your disability attorney about your medical treatment history and your work history. And, likewise, you will have the opportunity to provide immediate answers and provide information regarding your condition and how it has affected your ability to work.

What is disability hearing?

The disability hearings level is the only time you will meet and be able to speak in person to the individual who is going to adjudicate, i .e. make a decision on your disability claim . This can make quite a difference in the process and because of this you will cease to be simply "a file".

What to say when a judge asks you what you do during the day?

If the judge asks you what you do during the day, it is okay to say that you make yourself a quick breakfast or cup of coffee, that you watch TV, check your email or even that you spend time doing light cleaning, caring for pets or checking your email.

What is the key to success at a disability hearing?

The key to success at your disability hearing is preparation. A good lawyer will ask the same probing questions as the judge and when you prepare with your lawyer you get the benefit of expert advice about how to best answer.

Can a judge expect you to sit in a recliner all day?

Our experience has been that judges don’t expect disability claimants to sit at home in a recliner all day long, moaning in pain. Your activities should not be equivalent to work but you will not be penalized if you maintain some form of routine. The key to success at your disability hearing is preparation.