why do you need a lawyer for a hearing with social security

The Social Security Act is a complex area of the legal field. As such, it is a good idea to have an experienced attorney at your side to navigate these complicated regulations. Having an attorney represent you at your Social Security Disability hearing will drastically improve your chances of a favorable outcome.

Full Answer

What can a Social Security Attorney do for me?

Your representative can prepare you and any witnesses on your side to testify at a hearing before an administrative law judge, the second level in the appeals process, and can question expert witnesses that Social Security presents.

Do I need an attorney to appeal a social security decision?

You can have a representative, such as an attorney, help you when you do business with Social Security. To learn more about your right to representation, please refer to our Publication No. 05-10075. Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal.

How do I request a hearing with social security?

You can request a hearing online, download the forms you need, write us a letter or ask us to assist you in completing your request. All requests must be in writing. Your Right to Representation. You can have a representative, such as an attorney, help you when you do business with Social Security.

Do I need a disability lawyer?

This could be an attorney, or a disability advocate who isn't a lawyer but has passed an SSA-administered exam and met other educational and occupational requirements. Whether or not to seek such help is a personal decision and depends on your individual circumstances.

What can I expect at a Social Security disability 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 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 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 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.

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.

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...•

What does a fully favorable decision from Social Security mean?

Fully favorable--means that SSA has found that you are disabled as of the date you allege your disability began.

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.

What is a partially favorable disability decision?

In a partially favorable decision, the applicant is granted disability benefits, but the judge sets the established date of onset (EOD) later than the date alleged by the applicant on the disability application (the AOD). A partially favorable decision might also be an approval for a "closed period" of benefits.

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 medical conditions qualify for disability?

Special senses and speech, such as impaired hearing, sight or speech. Respiratory illnesses, such as asthma, chronic obstructive pulmonary disease (COPD) and cystic fibrosis. Cardiovascular illnesses, such as arrhythmia, congenital heart disease and heart failure. Digestive system, such as bowel or liver disease.

What questions do they ask 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?

Who can be asked to come to an administrative hearing?

The Administrative Law Judge may ask other witnesses, such as a doctor or vocational expert, to come to the hearing. You and the witnesses answer questions under oath.

What happens after a hearing in the US Supreme Court?

After the hearing: The Administrative Law Judge issues a written decision after studying all the evidence. The Administrative Law Judge sends you and your representative a copy of the decision or dismissal order .

How soon can you submit additional evidence to the Administrative Law Judge?

If you do not have it when you request a hearing, send it to the Administrative Law Judge as soon as you can, but no later than five business days before the hearing date. At the hearing:

How long do you have to appeal an ALJ decision?

Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. In counting the 60 days, we presume that you receive the notice five days after we mail it unless you can show that you received it later. If you do not file an appeal timely, the ALJ may dismiss your appeal.

How long before hearing to submit medical evidence?

Make sure that any new or updated medical evidence you want considered has been submitted at least 5 business days before the date of the hearing by either you or your representative (the earlier the better). It may result in an early favorable decision for you, eliminating the need for a hearing.

What is the next step in the appeals process?

The next step in the appeals process is a hearing before an Administrative Law Judge (ALJ). You or your representative may request a hearing by an Administrative Law Judge.

How far away from home can you have a video hearing?

The Administrative Law Judge usually holds the hearing within 75 miles of your home.

What is the SSA appeals system?

The Social Security Administration's (SSA) administrative appeals operation is one of the largest administrative judicial systems in the world. SSA issues more than half a million hearing and appeal dispositions each year. Under the Office of Hearings Operations (OHO), administrative law judges (ALJ) conduct hearings and issue decisions. Within the Office of Analytics, Review, and Oversight (OARO), the Appeals Council considers appeals from hearing decisions and acts as the final level of administrative review for the agency.

How many appeals does the Social Security Administration have?

SSA issues more than half a million hearing and appeal dispositions each year.

How many people are waiting for hearings in 2019?

In early March 2018, hearings pending dropped below 1 million for the first time since October 2014. As of March 2019, approximately 720,000 people were waiting for a hearing decision.

How does the SSA work?

The SSA will work directly with your representative and provide access to information from your Social Security file. Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

What happens if you claim Social Security?

If your claim is successful, Social Security pays your representative directly out of your “back pay” — past-due benefits the SSA can award if it determines after the fact that you were medically qualified to receive benefits while still awaiting a ruling on your case.

Where can I get SSA-1696 form?

Download an SSA-1696 form from the Social Security website and send the completed version to your local Social Security office. Alternatively, your representative can file it for you electronically. Both you and your representative will need to provide an electronic signature for verification.

Who can fill out the SSDI application?

A lawyer or advocate can fill out the SSDI or SSI application on your behalf and help gather medical records and other evidence for your claim. They can review your application for mistakes or omissions that could hurt your chances of success and can join you for meetings or conferences with Social Security officials.

Can you verbally appoint a representative for Social Security?

During the COVID-19 pandemic, Social Security is also permitting claimants to verbally appoint a representative during a telephone hearing with an administrative law judge. You must still submit the written notice afterward.

Does having a representative help with disability?

But research has shown that having a professional representative can boost your chances of getting Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the two SSA-run programs that pay benefits to people with disabilities.