Skip to main content

HEARINGS: WHAT CAN YOU EXPECT?

When a disability claim is denied, you are entitled to a hearing before an administrative law judge (ALJ).  This is not a court proceeding but rather an appearance before an administrative agency of the US government (executive branch).

The hearing is where most Social Security disability cases eventually get approved.   So, the hearing is your best opportunity to prove your case and be awarded benefits.

A hearing typically lasts 45 minutes to one hour.  The judge will review all your medical records and other documents and will take oral testimony from you.  Simply put, you will be asked a lot of questions under oath.

Usually, a vocational expert called by Social Security will testify.  Sometimes, a medical expert (doctor) will testify.

GOAL:  Your goal is to prove that you are disabled according to the Social Security laws and regulations.  This usually involves proving that you cannot perform any full-time work which exists in the national economy.  For persons over the age of 50, especially over age 55, a Medical-Vocational Guideline may relax the rules slightly and allow benefits even if there are some jobs you could still perform.

I would note that hearings are technical matters where points of law must be proven.  A few factors that are critical in a hearing include:
  • Initial onset of the disability:  When did it begin?
  • How severe are the symptoms?
  • How frequent are the symptoms?
  • What medical evidence supports the claim?
  • What can the claimant still do in spite of the  impairments?
  •  What is the claimants residual functional capacity?  In short, what kind of work can he/she still perform?
  • How does past relevant work impact the claim?
  • How does the claimant's education impact the claim? 

SOCIAL SECURITY JUSTICE - THE FORSYTHE FIRM 

Comments

Post a Comment

Popular posts from this blog

YOUR DISABIILTY CLAIM WAS DENIED. IT WAS PROBABLY A MISTAKE.

IS YOUR DISABILITY DENIAL CORRECT? You applied for Social Security disability.  They sent you to a doctor for an examination, then denied your benefits.  Should you assume that Social Security made the correct decision?  No.  You should assume they made a bad decision because they probably did. In nearly one-half of denials which are appealed, a judge will review the evidence and overturn the denial to award full benefits to the claimant.  In simple terms, Social Security got the first decision wrong. Never assume a denial by Social Security is correct.  Assume it is wrong and can be overturned. What is the biggest mistake you can make after being denied by Social Security?  Failing to appeal the denial within 60 days is the single biggest mistake you can make. Claimants lose millions of dollars every year by failure to appeal denied claims.  Don't make this mistake. What are the risks if I appeal and lose?  There is ...
4 comments
Read more

CONCENTRATION, PERSISTENCE AND PACE (CPP) ISSUES & DISABILITY

I win many Social Security disability cases by showing how my client has trouble with concentration, persistence and pace (CPP). These issues are not obvious to the casual observer but certainly may qualify for a disability benefit. Under SSR 96-9(p), Social Security considers "work" as the ability to work 8 hours per day, 5 days per week or an equivalent schedule.  CPP issues prevent this and qualify for disability. CONCENTRATION is the ability to remain focused and on task for at at least 2 hours at a time and to complete an 8-hour workday.  Most workers will be off task about 5 to 9 percent of the workday and this is tolerated.  However, concentration can be hindered by pain, fatigue, depression or other mental health issues.  When a worker is off task more than about 10 percent of the workday on a consistent basis due to one of these medical issues,  they become unemployable. PERSISTENCE is the ability to report to work and do a job  8 ho...
2 comments
Read more

DON'T DELAY - APPEAL TODAY

DON'T DELAY, APPEAL TODAY (LINK) Why does this poignant motto hang on my office wall? Because it represents the only way to win your disability claims once it's been denied.  And 7 out of 10 will be denied on the first scrabble. A disability denial is nothing more than a way to get to a hearing.  Nothing more, nothing less.  Use the denial to move your case up the ladder--onward and upward. If you need help, call me at the Forsythe Firm (256) 799-0297. I will never ask for a fee until you win your case AND collect the back pay you are due.  (256) 799-0297.   https://forsythefirm.wixsite.com/website  
2 comments
Read more