Essential Preparation for Your Disability Hearing
More than two-thirds of the applications for benefits through the Social Security Disability Insurance or Supplemental Security Income programs result in a denial of the claim. Many applicants turn to the appeal process to convert an unfavorable decision into an approval of their claim.
According to the Social Security Administration, 45.4% of appeals to the disability hearing process, where an administrative law judge reviews the evidence to determine the fate of your claim, result in an outcome favorable to the claimant. American Disability Action Group found that preparation and skilled representation are essential for success at a Social Security appeal hearing. Here you’ll find SSDI hearing tips to prepare you for the disability hearing process.
What is Disability Hearing?
It’s impossible to prepare for a disability hearing without having at least some knowledge of the appeal process. The appeal process includes the following levels:
- Reconsideration: This first level in the process assigns the application for review to someone who was not involved in the initial review and denial of benefits. An unfavorable decision at reconsideration can be appealed to the hearing level.
- Hearing: A hearing conducted by an administrative law judge (ALJ) reviews the evidence supporting your claim, along with any new evidence your disability representative submits on your behalf. The hearing includes testimony from medical and vocational experts called by the ALJ or by your disability attorney. You may be asked to testify at the hearing in support of your claim.
- Appeals Council Review: An adverse decision from an ALJ can be reviewed by an Appeals Council. The Appeals Council may deny your request for review, overrule the ALJ decision, or send the claim back for further consideration at the hearing level.
- Federal Court Review: After exhausting the reconsideration, hearing, and Appeals Council levels of review, you can appeal by filing a civil lawsuit in a federal district court.
The appeal process can end at any of the four levels if you receive a decision in your favor.
Attending the Hearing
You have 60 days from receiving the notice of a decision or determination that you do not agree with to request a hearing. It takes a while for the request to be processed at one of the Social Security hearing offices before you receive a date for the hearing.
Before the hearing is scheduled, you’ll also receive a document listing ways to attend the hearing, including:
- In person at a hearing office.
- By telephone.
- By video using equipment at a Social Security office other than the scheduled hearing office.
- Online video from your home or other location of your choice using your computer, smartphone, tablet, or other electronic device.
Regardless of the method you choose for attending the hearing, other than by telephone, dress appropriately. Hearings are informal, so dress comfortably as you would for an appointment at your doctor’s office.
Preparing for SSDI Hearing
Much of the disability hearing preparation will be done by your disability attorney, including:
- Review the contents of the Social Security file that the ALJ will rely on during the hearing process contains complete, accurate, and current medical records and other evidence supporting your claim.
- Submit additional documentation supporting the claim, including statements from medical professionals, updated medical records, and other evidence that may strengthen the claim.
- Prepare you to testify at the hearing by reviewing the areas your attorney and the judge may ask you about.
Your disability hearing preparation should include familiarizing yourself with the following topics that you may be asked to discuss:
- Medical history.
- Work history.
- Education
- Symptoms, including frequency and intensity of pain, caused by your medical condition.
- All physical and mental limitations you experience that contribute to your being unable to work.
Be prepared to respond to questions about the activities you engage in on a daily basis. An ALJ may ask you about them to determine whether your activities are consistent with the physical and mental impairments caused by the symptoms of your medical condition.
It’s normal to be nervous during a hearing, so focus on telling the truth. Just answer the questions posed to you by the ALJ or your lawyer. Think of the hearing as your opportunity to support your claim by sticking to the facts as you know them.
Getting Help With The Hearing Process
Representation by a disability attorney from American Disability Action Group during the appeal process gives you a representative with knowledge of the hearing process that you can trust and rely on to look out for you. You have too much at stake to risk losing the monthly benefits and Medicare coverage that come with SSDI. Instead of taking on the Social Security disability benefits process on your own, get the help you need by contacting us today for a free consultation.