how to win a social security disability hearing with a attorney

How to Win a Social Security Disability Hearing.

• 1. Hire an Experienced Social Security Disability Attorney. Although any attorney can represent you at a hearing, you will want an attorney with ...
• 2. Make Sure You Attend the Hearing.
• 3. Appearances Matter.
• 4. Familiarize Yourself With Your Case and Medical Records.
• 5. Don’t Minimize Your Disability.

Full Answer

Do I need a disability attorney to prepare for a hearing?

Jul 09, 2015 · There are five steps in the process to being awarded Social Security Disability; initial application, reconsideration, hearing, appeals council, and federal court. If you are reading this, you’ve likely made it to the hearing level. Here are some universal concepts for putting your best foot forward and making the most compelling case that ...

How can a disability lawyer Help you Win Your Case?

Mar 02, 2020 · The very first thing you should do to increase your chances of winning your Social Security disability hearing is to hire an experienced disability attorney. Yes, the Social Security Administration does allow you to represent yourself in court; however, we strongly advise against it. Statistically, applicants with legal representation at their disability hearing are more likely to …

What can I expect at a Social Security disability hearing?

Submit a Brief. Your disability lawyer should submit a brief prior to your hearing. A brief is a document that explains the legal reasons that you should win your case. It will summarize all of the evidence that supports your case and detail how it fits the definition of disabled. Specific medical records should be referenced, and new ...

What is the appeal process for Social Security disability?

Jul 12, 2019 · You will stand a better chance of winning at the hearing if you are honest and do not attempt to downplay your disability and how it affects you. But you also don’t want to put on a performance. Be yourself, be open, and be heard. Be Respectful . When it comes to a disability benefits hearing, you want to show that this is important to you.

What are my chances of winning my SSDI hearing?

Your odds of winning at a disability hearing before a judge are about 50%. If you have a lawyer with you, however, your odds increase to 62%, making your claim statistically more likely to be approved than be rejected.Sep 1, 2020

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 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 do you say at a Social Security hearing?

Be Honest and Don't Exaggerate The most important way to answer an ALJ's question is with honesty. Some claimants feel that if they make their symptoms sound worse than they really are, they will have a better chance at winning their claim. However, exaggerating your disability usually has the opposite affect.

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

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

How do you prove chronic pain?

Imaging and Nerve Tests If your healthcare provider suspects your chronic pain is caused by bone, muscle or nerve damage, he may have you undergo a scan or nerve testing. These include x-rays and MRIs, which can reveal underlying bone and tissue damage.Jun 7, 2020

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.

Is chronic pain a disability?

The SSA does not consider chronic pain to be a disability, so there is no listing for it in the SSA's Blue Book. Chronic pain, even if it is severe and disabling, does not qualify unless you can prove it is caused by a verifiable condition that lasts for at least 12 months.Sep 11, 2018

How do you answer a disability hearing question?

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 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 prepare for a disability 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.

Can I represent myself in court for disability?

The very first thing you should do to increase your chances of winning your Social Security disability hearing is to hire an experienced disability attorney. Yes, the Social Security Administration does allow you to represent yourself in court; however, we strongly advise against it. Statistically, applicants with legal representation at their disability hearing are more likely to receive benefits than those without such representation.

Do you have to wear formal clothes to a court hearing?

While you do not need to attend your hearing in expensive, formal clothing, you should attend it clean and well-groomed. Showing up in torn jeans and a ratty t-shirt signals a sense of disrespect to the court. This will in turn reflect negatively on your case.

Can a disability attorney handle more than one case?

This can help ensure that nothing falls through the cracks. You do not want to show up to your hearing only to find out that your attorney is missing crucial information.

Can Pride be used in a disability hearing?

Pride has no place in a disability hearing. While you do not want to over-exaggerate your disability, you also do not want to downplay it either. Accurately demonstrate the extent of your disability by specifically stating how that disability prevents your ability to work. Remember, the sole purpose of your hearing is to accurately determine the extent of your suffering due to your disability. Downplaying your suffering could result in the lose of your disability claim.

What is a disability brief?

Your disability lawyer should submit a brief prior to your hearing. A brief is a document that explains the legal reasons that you should win your case. It will summarize all of the evidence that supports your case and detail how it fits the definition of disabled. Specific medical records should be referenced, and new information should be highlighted.

Can you use an expert to testify?

You may also enlist the help of an expert to testify about your conditions. However, experts often submit a report instead. You can work with your attorney to determine the best course of action when using expert witnesses.

What to ask at an ALJ hearing?

A co-worker, roommate, or other person who has seen your abilities and limitations is also acceptable. The ALJ will ask them questions about your personal life, so it is important to talk to them before the hearing about what questions they may face during the hearing. If you’re unable to testify about some of the symptoms of your condition, such as seizures or mania, it’s important to have someone else there to verify your information.

What is the ultimate decision in a disability case?

In any disability case, the ultimate decision will come down to a question of whether the applicant not only has a disability (as defined by the SSA), but if that disability prevents them from working. To demonstrate that you meet these qualifications, you must provide evidence.

Can I represent myself in an appeal for SSA?

When you file an application for SSA benefits and when you appeal a denial of benefits, you are able to represent yourself. However, for most people, working with a skilled lawyer will lead to a better outcome.

Do I have to work with a lawyer for disability?

While your attorney will be responsible for the legal aspects of your claim, you will be testifying about your condition and how it affects your ability to work. That is why it is important for you to be familiar with your case, including your medical records.

How long does it take to get a hearing in Chicago?

Although the current average wait time for an administrative hearing in Chicago is 14.9 months, it can sometimes take up to two years before a hearing is scheduled. After waiting this long, you’ll want to do everything possible to increase the chance that your application is approved.

How long before a hearing do you have to submit medical records?

If you’ve visited the doctor since you first filed your application, had more tests performed, undergone one or more treatments or procedures, been prescribed one or more medications – even if these treatments failed – make sure to submit those records to the hearing office at least 5 days before the hearing.

When an ALJ asks a question, do you answer?

Don’t provide more information than necessary. It goes without saying that when the ALJ (or the attorneys) asks a question, you must answer honestly. But when it comes to testifying, the adage “less is more” applies. Often a person’s nerves get the better of them and they begin rambling when answering questions.

Who decides SSD hearings?

SSD hearings are decided by an administrative law judge (ALJ), not a jury. The hearing is less formal than traditional court proceedings, but you should treat it just as seriously.

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence.

What Medical Evidence Is Most Important to Win My Case?

The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s).

Will My Attorney Use the Opinions of Every Doctor I've Seen?

Your lawyer will want to make sure that Social Security gives the opinions of your doctors as much weight as possible. To do this, your lawyer will want to:

Does My Attorney Have to Submit All of My Medical Records?

The short answer to this is no. When preparing for a disability hearing, an attorney will frequently receive hundreds of pages of medical records, many of which have nothing to do with your impairment. Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security.

What Will My Attorney Do With Bad Evidence?

It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.

What Evidence Does My Attorney Need to Prove I Can't Do Sedentary Work?

If Social Security agrees that your medical condition doesn't allow you to do heavy or medium work, but thinks you can do sedentary work, you'll need to provide you can't even do sedentary work (in other words, a sit down job).

What Else Do Disability Lawyers Do?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers.

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.