why did my socialy security lawyer xrop me with hearing pending

Should I get an attorney for my Social Security disability hearing?

But if a judge “suggests” you get an attorney, please get one! Yes, it may push your hearing another 3 to 6 months in some States. But if you go through with your hearing after that suggestion, most often you will get a denial. Either because your file is incomplete or there are other issues that a judge can’t tell you. 2.

What happens at a social security hearing?

The Social Security hearing is probably the most stressful part of the claim for most people. To start, it’s probably the first time the person is in front of a judge. Claimants have these expectations about the place, how a judge will call you and how the judge will address the impairments.

How far away can a social security hearing be held?

The Administrative Law Judge usually holds the hearing within 75 miles of your home. However, your hearing may be farther away so more hearings can be held in one location. If travel arrangements will present a problem for you, tell the Social Security office when you request a hearing or as soon as possible after that.

Can Social Security take my medical records after a hearing?

One thing that most claimants are not aware (unless represented) is that after the case was sent to the “hearing track” or the ODAR (Office of Disability Adjudication and Review), Social Security will no longer order medical records on your behalf. So from the time you request a hearing until the day of the hearing,

What does pending mean with Social Security?

It means the SSA is still reviewing your case.

How long does it take for the SSA to make a decision after a hearing?

Once you have been through a Social Security Disability hearing with an Administrative Law Judge, you need to wait for your decision to come in the mail. Six weeks to 3 months is the usual time that should be expected.

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%.

What should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

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 long before I get my SSDI back pay?

Once you begin receiving benefits, it takes another one to two months to receive your SSDI back pay. At this point in time, you will receive a lump sum containing the full amount of your SSDI back pay and retroactive benefits.

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•

Can an ALJ decision be overturned?

The only way to overturn a decision made by an ALJ is to file an appeal with the Appeals Council. You can file an appeal to the Appeals Council by sending the SSA a letter or submitting Form HA-520.

What happens after Social Security Disability is approved?

Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

How can I survive waiting on disability?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)

What conditions are considered a disability?

The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...

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.