what to do if your lawyer does not show for social security disability hearing

If you do not have a Social Security disability lawyer representing you at your hearing, you will be relying on the Social Security Administration (SSA) to request and submit all pertinent medical records to your file.

Full Answer

What if I go to a social security hearing without an attorney?

What if I go to a Social Security hearing without an Attorney or a Disability Representative? There is no guarantee of winning a disability hearing with or without the presence of competent and experienced social security representative or attorney.

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.

Should I represent myself at a Social Security disability hearing?

In these instances, the claimant should never have been required to go to a disability hearing, or to wait so long before receiving Social Security Disability or SSI disability benefits. Without representation, the majority of individuals appearing at disability hearings will be denied.

How will my attorney determine if I meet a disability listing?

To determine if you meet a listing, your attorney will first see if your illness has a disability listing in Social Security's "blue book." If it does, the attorney will review the requirements of the listing and compare them to the evidence in your case. (For more information, see our section on listed disabilities .)

What are the odds of winning a Social Security disability hearing?

Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 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 significantly—more than 55%.

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.

Can a decision made before hearing?

Yes, a decision can be made "on the record" which eliminates the need for an actual hearing to be held. This sometimes happens as the result of a request that was made by the claimant or their representative.

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.

Does SSDI pay back pay?

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.

Who makes the final decision on Social Security disability?

The Disability Examiner is the one who writes up the decision about your SSDI benefits, and she is charged with deciding if a consultative medical examination is necessary.

How can I tell if my SSDI hearing went well?

Signs of a Good SSDI HearingNo Attorney Can Guarantee a Certain Outcome. ... #1: The judge does not ask many questions and goes straight to vocational expert testimony.#2 The judge has a high award rate.#3 – The judge issues a bench decision at the hearing.#4 The medical expert testifies that you meet a listed impairment.More items...

Can a decision by the ALJ be overturned?

Technically, yes, a favorable ALJ decision (one that grants benefits) after a disability hearing can be overturned by the Appeals Council. The Appeals Council can choose to review any ALJ decisions for review, and the Appeals Council can choose to grant benefits that an ALJ denied or deny benefits that an ALJ granted.

Does the judge make the final decision?

Decides the verdict by deciding the facts. Decides on issues of law during a trial. Decides whether or not there is enough evidence to bring criminal charges.

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 conditions are automatically approved for disability?

Some of the conditions that may automatically qualify the policyholder for social security disability benefits include:Musculoskeletal system and connective problems including: Arthritis. ... Mental disorders including: ... Cardiovascular conditions and circulatory disorders: ... Cancer.Nervous system and sense organs conditions:

What are 4 hidden disabilities?

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 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...

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 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 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 Will My Attorney or Advocate Develop My Medical Evidence?

Your attorney or nonattorney advocate will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time before your hearing.

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 .)

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 the meaning of disability hearing?

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 the latter, it's best to prepare for the former. No matter the judge, your chances of success will definitely increase if you avoid these common pitfalls at your hearing.

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 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.

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.

Is a disability hearing a job interview?

At the same time, a disability hearing is not a job interview. You're at the hearing to talk about the day-to-day limitations that prevent you from working, so don't minimize your symptoms. Often people fear that the ALJ will think they're whining or complaining, but this worry is misguided. No matter what problems you're experiencing—ifyour back pain prevents you from doing housework, your anxiety keeps you from leaving the house—you must 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.

Can a disability claim be exaggerated?

Occasionally disability claimants (applicants) are tempted to exaggerate their medical problems at their hearing . This is a huge mistake. Losing credibility with the judge is the quickest way to torpedo an otherwise valid claim. Here's an example of the kind of exchange that will raise red flags with an ALJ:

How to find a Social Security attorney?

We can easily match you with an experienced Social Security attorney or advocate through DisabilityApprovalGuide.com. To find one near you, just click the button below. Once we have your current information, we’ll match you with a qualified legal representative in your area. This representative can give you personalized support for your specific claim needs and answer any questions you may have.

What to do if your Social Security claim is denied?

If the SSA denied your claim, a Social Security attorney can find and correct any paperwork errors.

What are the benefits of having a lawyer?

Some Advantages You’ll Only Get With a Social Security Attorney 1 Lawyers may get your appeals hearing scheduled faster 2 No attorney will accept your case unless they think you qualify for SSD benefits 3 If you can’t afford them, lawyers can purchase copies of your full medical records to support your case 4 Your lawyer can appear in court on your behalf if health or transportation issues stop you from going 5 Free initial consultation, including confidential legal advice that applies to your specific situation 6 If the SSA denied your claim, a Social Security attorney can find and correct any paperwork errors 7 You’ll pay nothing unless your claim’s approved; then, you’ll pay a small, one-time fee deducted from your lump-sum backpay

What is the difference between a disability advocate and a social security attorney?

A Social Security attorney (or lawyer) has years of specialized education and a law degree. That’s the primary difference between a disability advocate and Social Security attorney. Claimants with hard-to-prove medical conditions or appealing a denied claim may do better with a Social Security attorney.

How much does a disability advocate charge?

Disability advocates charge the same amount as any Social Security attorney. Federal law limits that to 25% of your back pay or $6,000 (whichever amount is less). So, choosing a disability advocate over a Social Security attorney will not save you any money.

What to expect at a Social Security consultation?

Many people think they’ll charge a ridiculous fee for a consultation or wait hours to fill out endless documents.

How many people have an attorney for Social Security?

In fact, just over 17% of people who apply for benefits have a Social Security attorney helping them. But if your first application’s denied, the appeals process is much longer and harder to get through alone. SSA data shows that 4 in 5 people have lawyers representing their claims at the appeals stage.

Why do people appear unrepresented in disability hearings?

Claimants who appear at hearings unrepresented and win their benefits will most likely do so because the medical evidence supporting their case is fairly obvious. In many instances, it may be that the prior decisions reached by disability examiners (who worked on determining the application for disability and the request for reconsideration appeal) were faulty due to a misinterpretation of the medical evidence in the file.

Do you have to go to a disability hearing?

In these instances, the claimant should never have been required to go to a disability hearing, or to wait so long before receiving Social Security Disability or SSI disability benefits.

Can an unrepresented claimant win a Social Security disability hearing?

Can an unrepresented claimant win at a Social Security Disability hearing? Yes, and in fact statistics on disability hearing decisions in recent years have indicated that approximately forty percent of those claimants who go to their social security hearings by themselves will be approved for disability benefits.

Who can represent you in a disability hearing?

While disability hearings are less formal than trials, most claimants bring someone to represent them, according to SSA data — usually a lawyer, though a social worker, professional disability representative or even a relative can play that role . It's your choice, but a study by the federal Government Accountability Office (GAO) found that people who have a representative are nearly three times more likely to be successful.

Where are disability hearings held?

Disability hearings are judicial proceedings, but they are very different from a court trial. Rather than courtrooms, they are typically held in offices and special hearing centers the Social Security Administration (SSA) maintains across the country.

How long does a disability hearing last?

(With these facilities closed during the COVID-19 pandemic, SSA is offering hearings via online video or telephone.) They generally last from 15 minutes to an hour, but they can run longer, especially if there are witnesses.

How long do you have to appeal a disability claim?

You have 60 days from the rejection of a disability claim to request a reconsideration. The deadline is the same to request a hearing and an Appeals Council review.

What happens if a hearing judge rules against you?

If the hearing judge rules against you, you can request a review by the Appeals Council, a panel of administrative appeals judges. The council can deny, modify or uphold the original judge's decision or ask him or her to hold another hearing.

What do you do before a hearing in a case?

Before the hearing, the judge will review your file, including any additional evidence you've submitted to support your claim, such as medical examinations conducted since the initial application. At the hearing, you can give sworn testimony, and the judge may ask you questions about your past work and current limitations.

Can you ask for a different examiner for Social Security?

The same is true of claims for Supplemental Security Income (SSI), the other Social Security–run program that pays benefits to people with disabilities. First, you can ask Social Security to have a different examiner and medical team reconsider your claim.

How long does it take to get a disability hearing in Chicago?

These feelings are understandable. The average wait time for an administrative hearing in Chicago is 14.9 months, so you’ve no doubt waited a long time for a hearing date. Not to mention, a lot is riding on the administrative law judge’s (ALJ) decision.

What can an SSD attorney do?

An experienced SSD attorney can help prepare you for the administrative hearing and lessen the impact of any potentially problematic answers. By reviewing your medical file and practicing your answers to questions the ALJ and attorneys are likely to ask, you’ll go into the hearing feeling more confident and will be less likely to inadvertently say something that could decrease the chance of your application being approved.

How to increase chance of getting approved for unemployment?

One of the most important things you can do, both for your health and well-being and to increase the chance that your benefits application is approved, is to regularly visit your doctor and follow his treatment plan. Not seeing the doctor regularly will damage your credibility and lead the ALJ to believe that your condition is not as severe as you claim – if it were, wouldn’t you want to do whatever you could to feel better?

What to say when asked about substance abuse?

If you are asked, answer honestly, explain what happened and , in the case of substance misuse, explain what steps you took, or are currently taking, to end your addiction.

Can you go for walks with a disability?

But if the ALJ or attorney asks, “Do you go for walks?” and your answer is simply, “Yes,” you run the risk of giving the impression that you can do these and other activities all of the time. And if the ALJ believes you can do them all of the time, or without difficulty, she will deny your application.

Can an ALJ damage your credibility?

Unfortunately, this can sometimes damage your credibility with the ALJ. So, unless you are asked directly whether you have ever been convicted of a crime or have ever had issues with substance misuse, don’t offer the information.

Can you become disabled if you have a drug history?

Whether you’ve ever been convicted of a crime or have a history of drug or alcohol misuse shouldn’t, in theory, matter – having a less than spotless history doesn’t mean you can’t become disabled in the future.

What happens if you don't have an attorney?

If the judge decides to allow you to proceed without an attorney, he or she will have you sign a “waiver of the right to representation.”

What happens if you tell the judge you changed your mind?

If you tell the judge that you have changed your mind, he or she will usually postpone the hearing so you have time to find a lawyer. In this case, you will be asked to sign an “acknowledgement of postponement in order to obtain representation.”