About two-thirds of initial Social Security disability benefit claims receive a denial notice. Some people challenge their denial by requesting reconsideration, the first step in an appeals process, but the denial rate is 84%.
If you received a denial notice after reconsideration, a hearing with an administrative law judge would be the next step in the appeals process. An SSA hearing outcome success rate of more than 50% makes hearings an important step in the hearing process, but you need to know what to expect.
Hearings can be intimidating unless you know the rules and procedures. This may be the time to seek professional advice and representation from the disability team at Sackett and Associates.
Sackett Law has been assisting people in California and throughout the nation for more than four decades. Use the following guide and disability hearing tips to prepare for your hearing.
Beginning The Process
If appealing the reconsideration of a claim denial, you have 60 days from receipt of the notice to request a hearing. You could lose your right to appeal by missing the deadline to request a hearing.
If you miss the deadline to request a hearing, do not give up. Instead, submit a written request for an extension. The request must include an explanation showing a good reason for not requesting a hearing by the deadline.
You have three ways to file your written request for a hearing:
- Online
- By mail
- By contacting a local Social Security office to request assistance
The status of a request for a hearing may be checked using a “my Social Security” account that you can set up online through the Social Security Administration. If you choose to be represented by Sackett Law, the request for a hearing will be filed on your behalf, and its status checked.
You will be notified of the hearing about 75 days before its scheduled date. Documents that you or your disability lawyer want to use as evidence must be submitted no later than five days before the hearing.
The administrative law judge has access to the evidence supporting the claim contained in the Social Security case file. The file is available for review by your disability attorney prior to the hearing. A medical evidence review of the file in advance of the hearing allows your attorney from Sackett Law a chance to identify weaknesses and obtain updated medical records to submit as evidence to strengthen the claim. It also helps develop a strategy to challenge the benefits denial.
The Disability Hearing
The usual setting for a disability hearing is an office or conference room, not the formal, intimidating courtroom as you might see on television or in the movies. Besides the administrative law judge, you may see a court reporter, medical expert, and vocational expert.
The court reporter is present to ensure an official record of everything that occurs during the hearing. The medical and vocational experts are there to provide testimony to assist the ALJ. Other witnesses may be there at the request of your lawyer to provide testimony supporting your claim for benefits.
You must be at the hearing or present by telephone or video conference to provide testimony in support of your claim. The judge questions you about your medical condition and the limitations you experience. This ALJ testimony, which can be crucial to supporting your claim for benefits, may include questions covering the following topics:
- Medical history
- employment history
- education
- Symptoms
- Daily activities
- Physical and mental health symptoms
- Limitations
Responses to the questions asked of you provide the ALJ with information about your ability to do work activities. Your disability attorney spends time with you before the hearing to prepare you for what to expect.
To help you be calm and confident during questioning, the disability team at Sackett Law spends time with you on SSDI hearing preparation. The preparation includes a review of your claim and medical records. Disability hearing tips that you’ll receive include:
- A review of the hearing procedures.
- Areas of questioning the ALJ may cover with you.
- A reminder to answer questions accurately and honestly.
- Give full descriptions of the limitations caused by your medical condition. For example, do not say that you have pain when walking. Instead, describe the intensity of the pain and the effect it has on your ability to walk.
- Focus on the ALJ or your attorney as they ask you questions, and avoid being distracted.
The best disability hearing tip is to listen to and follow your disability attorney’s advice.
Get Legal Representation For A Disability Hearing
The disability team at Sackett and Associates has been the trusted source for disability benefits advice and representation for more than 45 years. Learn why people with disabilities throughout California and nationwide turn to them for a disability lawyer. Contact Sackett Law today for a free consultation and claim evaluation.
Sources:
- Denial rates: Hearings
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