More than two-thirds of the applications for disability benefits submitted to the Social Security Administration result in a denial of benefits. If you filed a request for a disability hearing to challenge a denial of your claim for Social Security Disability Insurance benefits, you have a great deal at stake.
Being asked to testify at a hearing with an administrative law judge can be intimidating. It’s your chance to persuade a judge of the validity of the claim, so you may be wondering about the benefit of lawyer disability hearing coaching.
The disability team at Sackett and Associates has devoted more than 45 years to assisting people with disabilities in Northern California and nationwide in their quest for SSDI benefits. Their services focus on the legal representation SSDI claimants need, including disability lawyer guidance and representation during the disability hearing.
Challenging An Unfavorable Decision Through The Appeal Process
A hearing with an administrative law judge is the second level of the appeal process. After you receive notice of an unfavorable initial determination of your claim, you have the right to challenge. The four levels of the review process include the following:
- Reconsideration of the initial determination by a different examiner.
- Hearing with an administrative law judge.
- Appeals Council review of the decision made at the hearing level.
- Federal court review.
Going through all the levels of the appeal process may not be necessary unless you disagree with a decision. If you do, then you may appeal to the next level. Just keep in mind that you have only 60 days to appeal to the next level.
The Disability Hearing Process
If you do not agree with the outcome of the reconsideration of your claim, you have the right to appeal to the hearing level. You have the right to submit new evidence supporting your claim, including the testimony of witnesses. Either your disability lawyer or the administrative law judge may question you about your claim and medical condition.
The administrative law judge (ALJ) may request the attendance of vocational and medical experts to testify at the hearing. Generally, the judge questions the experts to elicit testimony to help the judge decide the case. Your disability attorney may cross-examine the witness appearing at the judge’s request.
Do not think of a hearing with an administrative law judge as a trial, like you may have seen on television or in the movies. Disability of hearings take place in offices or conference rooms instead of courtrooms.
Hearings are less formal than courtroom proceedings, but recording devices create an audio record of what happens in the hearing room. The only people present will be the judge, your lawyer, and the witnesses, if any, but it’s easy to become intimidated and nervous in anticipation of being questioned by the ALJ or your lawyer. The best way to remain calm is through SSDI hearing preparation with your lawyer in advance of the hearing.
Does Your Lawyer Coach You At a Disability Hearing?
“Coaching” is a poor choice of words to describe how an attorney helps at disability hearing. A better and more accurate word to describe how your lawyer helps you in advance of a hearing is “preparation.”
An ALJ wants to hear what you have to say and, in your own words, rather than scripted responses prepared by a lawyer that you memorized. SSDI hearing preparation generally includes the following:
- An explanation of the hearing process, from what you’ll see as you enter the hearing room, to the rules and procedures.
- Reviewing with you the medical records and case history with an emphasis on the strengths and weaknesses of your claim for disability benefits to give you a clear understanding of the purpose of the hearing. The review also refreshes your recollection of the medical care you received, including the names of the healthcare providers, medical tests, and prescribed treatment and medication.
- Review of the physical and mental impairments that prevent you from working, and how they affect your activities at home and at work.
- Review of topics you may be asked about by the ALJ to prepare you to give truthful and complete answers.
Honest answers using your own words without exaggeration can be more effective in supporting your claim than something you prepare and rehearse in advance. Preparing with the help of your attorney gives you a solid understanding of your disability case and the hearing process to put you in the best position to provide truthful and compelling testimony that strengthens it.
Contact Sackett Law For More Information
When you want legal representation for your SSDI claim, turn to the disability professionals at Sackett and Associates. Contact them today for a free consultation. Learn why people in Northern California and nationwide have relied on them for disability benefits assistance for more than 45 years.
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