when a lawyer doesn't talk at a disability hearing

If you don't, the ALJ can postpone the hearing. You can also request that the ALJ call a medical expert to testify (paid for by Social Security), if you think it will help your case. However, doing this without a disability attorney to question the medical expert can be foolhardy, since a medical expert is not usually on your side.

Full Answer

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

Nov 21, 2017 · I need a disability lawyer I already have a hearing date. Reply. Deborah L. Hardin · December 3, 2018 at 1:57 pm Hi Michelle, Please give us a call right away at 501-247-1830 to see if we can help with your case! Reply. Kadesha · August 17, 2019 at 8:06 pm Will I be denied if I don’t have an attorney? ...

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What should you not say in a disability interview?

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How long does the ALJ have to make a decision?

What is the hardest state to get disability?

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How long after I receive my award letter will I get my money?

Learn about the important reasons why a lawyer should represent you at your disability hearing

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Questioning Expert Witnesses

Lawyers have been trained to questions expert witnesses at disability hearings. At your hearing, the SSA might bring a medical expert and/or a vocational expert.

Knowing the Local ALJ Who Will Preside Over Your Hearing

A disability lawyer will often be well acquainted with the ALJs in your area, and he will understand their customary hearing procedures. This knowledge can be very useful for your disability case. For instance, you might be assigned to an ALJ that is known to be tough on claimants who have had drug and alcohol issues.

When to Hire a Disability Lawyer

It is best to hire a disability lawyer as soon as you know that you will need to appear before an ALJ in an administrative hearing. You will be given sixty days to file a Request for Hearing after you receive your denial of reconsideration.

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 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:

Can you hope for the latter?

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.

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 to ask a disability lawyer about a doctor?

Fortunately, an experienced disability attorney is trained to handle "bad facts." For example, if your records contain opinions by a physician or other medical provider that do not support the fact that you have a true disability and are unable to work, your attorney will ask you questions aimed at limiting the importance of and/or eroding the accuracy of the doctor's statement. For instance, your lawyer may ask you how long you had been a patient of the doctor, whether the doctor was a specialist in your illness, and whether you sought a second opinion.

What is a good disability lawyer?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...

What to do if your records contain statements about drug abuse?

If your records contain statements about drug or alcohol abuse, it will be especially important for your lawyer to explain to the ALJ what you are doing to treat your addiction. An ALJ will appreciate that both you and your attorney are straightforward about the "bad evidence" and may agree with your position.

What is the most important evidence you need to substantiate your claim for disability benefits?

The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s). You will give your lawyer contact information for your treating doctors so that the lawyer can request your doctor to submit a written opinion of your diagnosis, prognosis, and functional limitations in an RFC ( residual functional capacity) statement.

What to ask your doctor for in a disability appeal?

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.

Does Social Security give doctor opinions?

In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true. For more information, see our article on when Social Security can discount your treating doctor's opinion.

Can medical records be harmful to disability?

It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.

What is the job of a disability judge?

Your job at the hearing is to be truthful and to explain how your disability prevents you from securing and/or maintaining full time employment. A qualified Social Security disability attorney or representative may be able to help you understand the importance of what you say at your hearing. This blog should not be considered legal advice; it is a summary of my experiences in practicing Social Security disability law.

Why is it important to remember why you are being asked the questions you are being asked?

It is important to remember why you are being asked the questions you are being asked. The judge doesn’t care how clean your house is, or how great of a parent you are because you take such good care of your kids and go to all of their extra curricular activities. The judge is trying to figure out if you can do work-like activities by evaluating how well you are able to perform typical daily activities. It is important to let the ALJ know exactly how your disability affects your everyday life.

How long does it take for a disability hearing to be approved?

Judges typically do not tell claimants whether the case is approved or denied on the day of the hearing. Your decision will arrive via mail roughly one to two months after the hearing. There are limited circumstances in which the date of a disability hearing can be sped up. However, wait times are fortunately dropping due to Covid-19 for claimants willing to testify via telephone call our office today to discuss whether these limited exceptions apply to your case and to discuss the option of agreeing to a telephone 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 ...

How to testify in front of a judge?

The best piece of advice for a person set to testify in front of a judge is this – only answer the question that the judge has asked, and do not volunteer any additional information. Why is this important? It establishes your credibility, plus it makes the judge’s job easier. 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 of them on their computer monitor. This file contains every piece of medical evidence from the time a claimant’s disability began. The file also contains detailed work histories, earnings records, sworn statements from the claimant and third parties, detailed questionnaires, opinion evidence from treating doctors and Social Security consultative examiners. Often, a file contains thousands of pages of evidence. The faster the judge can get through the background, the faster you’ll get your chance to explain the important details of your situation. Judges are human beings like the rest of us, except they hold more power than the average citizen and every day they make decisions that have a huge impact on people’s lives. You want the judge to be happy and you want to leave a good impression by providing direct answers without forcing the judge to redirect you.

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.

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 ...

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.