how an attorney can help in ssdi hearing

by Prof. Leopoldo Stanton 10 min read

Role of an Attorney at an Atlanta SSDI Hearing

  • Updating Evidence. One of the most important ways an attorney can help at an Atlanta SSDI hearing is by ensuring that...
  • Drafting a Brief. A legal brief is not required for an SSDI hearing, and it is not necessarily even expected as it...
  • Advocacy and Coaching. An experienced member of our team can not only advocate on...

He or she understands the law, and the standard by which the ALJ will make the decision on your case. Your lawyer will go over your testimony with you, and help you to testify in a way that helps you put your best foot forward, so that your chances of being approved for benefits are increased.

Full Answer

What does a Social Security disability lawyer do?

Apr 05, 2021 · A lawyer can help you prepare for a disability hearing by educating you on what to expect, evaluating your claim for its weakest and strongest points, and preparing the best strategies to help position you to be approved. Unless you have been through the process before, it can be unnerving when you do not know what to expect.

What to expect at a Social Security disability hearing?

A Social Security disability lawyer can help you demonstrate eligibility for benefits at a hearing in several ways. The SSA’s Key Question to Answer Through the hearing process, the SSA administrative law judge may ask many questions in an effort to answer one central question: whether the applicant qualifies for benefits under the agency’s established regulations.

When can I talk to my lawyer about my disability case?

Feb 09, 2022 · SSDI lawyers and advocates perform a wide variety of tasks as part of their representation, including: explaining how the disability process works; evaluating the strength of your case; helping you file your initial application or appeal; developing medical evidence (explained below) preparing you for your disability hearing, and

How can I prepare for my telephone hearing for SSDI?

Role of an Attorney at an Atlanta SSDI Hearing Updating Evidence. One of the most important ways an attorney can help at an Atlanta SSDI hearing is by ensuring that... Drafting a Brief. A legal brief is not required for an SSDI hearing, and it is not …

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How do you win a Social Security disability hearing?

The following tips can help you win your SSD hearing:Hire an Experienced Social Security Disability Attorney. ... Make Sure You Attend the Hearing. ... Appearances Matter. ... Familiarize Yourself With Your Case and Medical Records. ... Don't Minimize Your Disability.Jul 23, 2019

How do you know if your SSDI hearing went well?

When you do finally receive your Notice of Decision from the ALJ, read it closely. It will say whether you have been approved for benefits or denied, along with the rationale for how that determination was made. If you are successful, you'll either receive a fully favorable or a partially favorable decision.Nov 26, 2019

How do you answer an ALJ question?

When answering an ALJ's questions, we recommend to our clients that they:Stay on subject and don't ramble.Be honest.Be prepared to explain any discrepancies that may be in their record.Don't be embarrassed or offended by the judge's questions.Be specific about their symptoms, treatment and limitations.More items...•Jan 22, 2020

How do you answer a disability hearing?

Tips When Answering Disability Judge QuestionsBe direct and concise. ... Be Honest – Even if you think your answer might harm your case. ... If you don't understand a question, ask for it to be repeated. ... Be prepared. ... Contemplate your answers to key questions.

How many SSDI applications are denied?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied.

How would you describe pain to a disability judge?

Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. This would include telling the judge what type of pain you experience (burning, stabbing, etc.), how often you experience it, and how you would quantify it (for example, on a scale of 1 to 10).

What can you not say at a disability hearing?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

What should you not say when applying for Social Security disability?

For example, don't describe yourself as a manager or supervisor unless you had the ability to hire, fire, or discipline employees. This is the case regardless of your job title. Describe exactly what you did in your job—don't talk yourself up or down.

What questions does SSDI ask?

The SSA will try to evaluate the severity of your illness and whether or not it's expected to improve. You may be asked about your ability to care for yourself or do daily activities, such as cooking, shopping, cleaning, etc. You may be asked how long you're able to sit, walk, or stand or how much you can lift.

What should I say in a disability interview?

Most importantly, be prepared to answer the following questions regarding your situation:Dates, addresses and contact information of your previous employment. ... Information on Doctors and Medication. ... Household information. ... Supplemental Security Income (SSI) ... Current Living Situation. ... Sources of Income.More items...•Apr 26, 2017

What does a disabled person do all day?

ADLs are important for many different impairments, and are especially important with mental disorders. ADLs include things like shopping, cooking, getting around (either by public transportation or by driving yourself), cooking, paying bills, being able to take care of your personal hygiene, and so on.

What conditions qualify for disability?

Conditions that qualify for SSDI and SSI include:Cardiovascular System. Conditions of the heart, such as High Blood Pressure, Heart Failure and Blood Clots.Digestive System. ... Endocrine System. ... Genitourinary Impairments. ... Hematological Disorders. ... Immune System Disorders. ... Malignant Neoplastic Diseases. ... Mental Disorders.More items...•Jan 19, 2022

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

What is the step 3 of the ALJ?

Tell the Judge what it is like to be you: At Step 3 you appear before an Administrative Law Judge (“ALJ”). It’s at Step 3 that the Agency actually puts you under oath and asks you questions. It is also at Step 3 where you get to tell the judge what it’s like to be you. THIS IS YOUR BEST CHANCE OF WINNING.

How do I contact Social Security Disability?

This is all we do. 1- (804)-733-3100. (We do not charge anything to review a claim.)

How long does a hearing last?

Hearing proceedings typically last between 30 to 60 minutes. In working with an experienced representative, such as The Advocator Group, you will have the attorney assigned to you on the call to ensure your hearing goes smoothly. You can expect the judge to take testimony from you and likely a vocational expert.

Is there a hearing for SSDI?

Until further notice, the Social Security Administration (SSA) is currently holding all Social Security Disability Insurance (SSDI) hearings by telephone due to COVID-19. Whether it take places in person or over the telephone, your hearing in front of an Administrative Law Judge (ALJ) will be the most critical stage of your application process ...

Can I get SSDI if I have a disability?

A SSDI approval is only granted if the judge finds that your disability keeps you from returning to your previous job and learning or adapting to a new type of work, taking into consideration your age, education, and work history.

What is the biggest mistake a disability claimant makes?

Finally, the biggest mistake disability claimants make is to try to navigate the system alone. An experienced disability attorney can prepare you for your hearing and greatly increase your chances of being approved.

How long do migraines last?

Instead, try to quantify your symptoms to the extent possible: "I get a migraine headache about four to five days a week, and they usually last from four to as much as twelve hours.".

Do you have to answer an ALJ question?

If the ALJ asks you a question directly, you absolutely must answer it honestly. But your duty to tell the truth does not require you to bring up information unsolicited that might be harmful to your case. Here are a couple general areas or statements to avoid unless you are specifically questioned about them.

The judge may ask you questions like

Did you receive the hearing acknowledgement letter and its enclosure (s)?

This waiver will say something like

I understand my right to representation at the hearing. I voluntarily waive this right, and I request to proceed without a representative. I also acknowledge that I received a list of organizations that provide legal services prior to receiving the Notice of Hearing.

This form will look something like

I have requested a postponement of my hearing so that I may obtain a representative to help me in my claim for benefits.

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