how can i win my ssdi hearing without an attorney

by Horace Pouros 9 min read

How to Win a Disability Appeal Without a Lawyer There are various stages of the appeals process. First is filing a written request for reconsideration. If the SSA still denies your claim, you will need to go to an Administrative Law Judge (ALJ) hearing.

Like the request for reconsideration, you only have 60 days to request a hearing with the ALJ. You can submit the request online or print the forms (Form SSA-3441, Form SSA-827, Form HA-501) and bring it to the SSA office nearest you. They also accept applications by phone. Just contact your local SSA office.Jul 5, 2020

Full Answer

Can I win a Social Security disability hearing without an attorney?

Nov 21, 2017 · First, your hearing begins with the administrative law judge (ALJ) explaining how the hearing will be conducted. Then, he or she reviews the procedural history of the case and the issues involved. Next, the ALJ will advise you that you have the right to representation, and attempt to determine if you are capable of making an informed decision about whether or not to …

What are the chances of getting disability benefits with a lawyer?

You do not need a lawyer to win your claim for benefits at the hearing level but statistics show, and in my opinion, those that are represented by an attorney have a better chance of winning their SSD or SSI claim. Keep in mind if you are at the hearing level this means you have already lost once and probably twice already.

Do I need a disability attorney to file an appeal?

Here are some tips to ensure a winning outcome at the SSDI hearing: Ensure Disability is Well-Presented Because SSDI is awarded to individuals with disabilities that are life-altering and renders them incapable of earning a livelihood, applicants must be clear about highlighting it at the hearing.

Can I win a disability case without having seen a doctor?

Yes, and in fact statistics on disability hearing decisions in recent years have indicated that approximately forty percent of those claimants who go to their social security hearings by themselves will be approved for disability benefits. However, claimants who go to disability hearings with representation provided by a disability lawyer or a non-attorney disability …

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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.

How do I win my SSDI reconsideration?

7 Tips for How to Win a Disability Reconsideration AppealFile a Timely Appeal. ... Submit the Right Paperwork. ... Draft an Effective Appeals Letter. ... Provide Additional Medical Evidence. ... Be Honest and Transparent. ... Get a Written Opinion From Your Doctor. ... Hire a Reliable Attorney.Sep 20, 2021

How do I prepare for a SSD hearing?

Steps to Prepare for Your SSDI HearingUnderstand Your Claim. It is important to spend time reviewing your case file with your attorney. ... Prepare Your Notes. At your disability hearing, you will be allowed to use notes to help you discuss your claim. ... Gather Recent Medical Records. ... Get Expert Opinions.

What should I say in a disability interview?

What Type of Questions Will Be Asked at Your Disability Interview?When did your condition become disabling?What is the contact information for your doctors?What are the dates of the visits to your doctors?What are the names of medications that you are currently taking?What medical tests have you undergone?Feb 26, 2021

What percentage of SSDI is reconsideration approved?

The percentage of applicants awarded at the reconsideration and hearing levels are averaging 2 percent and 9 percent, respectively. Denied disability claims have averaged 64 percent.

How long does a SSDI reconsideration take?

between three to five monthsOn average, it will take between three to five months to complete the Social Security Disability reconsideration process and receive this letter of decision. Here are some tips on how you can get your reconsideration request approved.

What is ALJ hearing?

ALJ hearings give you a chance to present your case in person to an administrative law judge (or ALJ) and potentially get your case decision reversed. This involves first going to your closest Office of Disability Adjudication and Review (ODAR), which is separate than most local Social Security offices.

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 I answer a disability question?

How to Answer Disability QuestionnairesWrite clearly and legibly. Avoid erasures as much as possible. ... Do not leave any section of the form blank (unless otherwise specified). ... Give consistent answers. ... Answer the questions truthfully. ... Follow the instructions on the form.Feb 27, 2022

How long does a Social Security phone interview take?

A Social Security representative will interview you and complete an application for disability benefits and an Adult Disability Report. The interview will take place either in your local Social Security office or by telephone. It will take at least 1 hour.

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.

Winning Social Security Disability benefits by Meeting a Listing

Unfortunately, many claimants apply for either SSI or SSDI and have very little understanding of what they are trying to prove. One of the best places to start is by reviewing the Social Security Administration’s disability “handbook” which outlines conditions, disabilities and diseases they believe are disabling.

Proving Disability with a Medical Vocational Allowance

If your condition does not meet a listing you will have to win benefits through a medical vocational allowance. Unfortunately, this can be a bit more complicated and many claimants will not be able to do this at the application level.

Hiring a Social Security Disability Lawyer

If you would like a Social Security Disability attorney to review your Supplemental Security Income or Social Security Disability Insurance claim you can fill out the FREE evaluation form and a disability advocate will call you to review your claim or you can call our office at 1-800-641-3759 to talk to someone now.

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.)

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 long does a disability exam last?

Oftentimes the consulting doctor specializes in an area of medicine completely unrelated to your alleged impairment, and performs a perfunctory exam that lasts fifteen minutes or less .

What is a CE exam?

If your file contains insufficient medical evidence, in many cases Disability Determination Services (DDS) will arrange for you to attend a consultative examination (CE) with a doctor paid by Social Security. With few exceptions, the physicians who perform the "independent" disability exams for Social Security rarely write reports favorable ...

Can you file for disability if you are unable to work?

If you're filing for disability benefits because you're unable to work, Social Security requires that your impairments be documented with medical evidence. The strength of a disability claim often depends on the nature and quantity of the medical treatment received. In some cases, however, an individual may be found disabled even ...

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