The ALJs who work for the Social Security Administration (SSA) decide disability cases mainly on the weight of the medical evidence, including:
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.
Aside from preparing you, social security disability attorneys will also represent you during the hearing. According to the private survey we mentioned earlier, half of those with legal representation during the hearing got approved. While only 23% of those who represented themselves won the case.
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 contact with the law firm may be with paralegals or administrative assistants.
Disability lawyers, particularly the experienced ones, know the ins and outs of the system like the back of their hand. They know what the SSA wants to see and what type of evidence to submit for them to see that. Most of the time, they will focus on your medical records.
Five Tips to Prepare for Your HearingReview your file. You need to review your application, your medical records, and any correspondence with the SSA. ... Prepare a cheat sheet. ... Provide recent medical records. ... Obtain a written doctor's statement. ... Retain an attorney.
What Questions Are Asked at a SSDI Hearing?Personal Background Questions. ... Work Background Questions. ... Medical Issues Questions. ... Specific Activity Limitation Questions (If Applicable) ... Questions About Activity Limitations Arising From Non-Physical Problems (Mental Health or Pain)More items...
The most important thing about a Social Security disability hearing is to tell the truth. When the judge asks a question, don't try to figure out why the judge is asking that particular question or whether your answer will help or hurt your case. Be candid about your strengths as well as about your limitations.
0:022:31How to Describe Your Daily Activities at Your Disability Hearing - YouTubeYouTubeStart of suggested clipEnd of suggested clipJudges always ask about daily. Activities. They ask how you spend a usual day. They use yourMoreJudges always ask about daily. Activities. They ask how you spend a usual day. They use your description to figure out whether or not your daily activities are consistent with the symptoms.
Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.
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).
Disability and Disease Approval Rates According to one survey, multiple sclerosis and any type of cancer have the highest rate of approval at the initial stages of a disability application, hovering between 64-68%. Respiratory disorders and joint disease are second highest, at between 40-47%.
Top Signs Your Disability Application Will Be ApprovedSubstantial Evidence of a Medical Condition. ... Proof of a Physical or Mental Impairment. ... Substantial Work History. ... Maintaining Employment Is Not Possible. ... You Hired a Lawyer. ... Contact Us.
Social Security disability applications face an overwhelming 70% denial rate upon initial evaluation. That is a huge number but it is based upon several very different factors, such as applying for a condition that does not meet the criteria or lack of proper medical documentation.
There are two options, even if you are unable to prepare your own meals: Option 1: If your disability makes you unable to purchase and prepare your own food, you can get SNAP separately from the people you live with – even if they shop and cook food for you.
Social Security Disability Benefits for Mental Ilness: 7 Keys to...Get Specialized Mental Health Care for Your Mental Illness. ... Comply With Prescribed Medical Treatment. ... Get Doctor Support. ... No Substance Abuse. ... Demonstrable Evidence of Profound Mental Illness Symptoms. ... Meet or Equal the Listing Level for Depression.More items...•
In a video hearing, the applicant and his or her representative appear at a specified location, often a Social Security hearing office near him or her. The ALJ will appear remotely by video. The ALJ will be able to observe your demeanor and behavior, even zooming in and out when necessary.
4 Common Social Security Disability Interview QuestionsWhen did your conditions become disabling? The SSA will ask you when your condition became so severe that you could not continue working. ... What is your work history? ... What is your medical history? ... What is your marital status and household information?
Disability and Disease Approval Rates According to one survey, multiple sclerosis and any type of cancer have the highest rate of approval at the initial stages of a disability application, hovering between 64-68%. Respiratory disorders and joint disease are second highest, at between 40-47%.
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.
Social Security disability applications face an overwhelming 70% denial rate upon initial evaluation. That is a huge number but it is based upon several very different factors, such as applying for a condition that does not meet the criteria or lack of proper medical documentation.
When you apply for Social Security Disability benefits and are denied, you can appeal the decision by filing a Request for Reconsideration.If a second denial is received, you will then take your place in the queue of the many Social Security applicants who are waiting for their disability hearing in front of an administrative law judge.
A Social Security disability hearing can be an intimidating experience, especially if you aren't familiar with the process and don't have an attorney.
Discover these three tips on how to best respond to questions during your disability hearing, and how an attorney can assist you during your hearing.
If you have been denied disability benefits and must proceed before an Administrative Law Judge (ALJ) for an appeal hearing, you know a lot rides on the judge’s decision. For most applicants, the prospect of attending a hearing is intimidating, but with proper preparation, you can put your nerves to rest. Know Your Claim
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Do You Qualify for SSDI? The first question you need to ask is if you are eligible for SSDI benefits. The basic qualifications require you to have worked in a job or jobs that were covered by Social Security, so you may not qualify if, for instance, you were self-employed and did not pay into Social Security.
You applied for Social Security Disability benefits, but got denied. You appealed the decision, but got denied again.
Before your hearing, you’ll need to update Social Security on the status of the medical conditions that stopped you from working and how your treatment is going.
When you go to your hearing, you’ll see your lawyer, the judge, an assistant, and perhaps a medical expert to talk about your health conditions and a vocational expert to talk about you how your health limitations affect your ability to hold a job in the current economy.
It is important to spend time reviewing your case file with your attorney. Understanding your claim is the first step towards preparing for your SSDI hearing. Review the documents you have, including your application and the SSA’s reason for denying your claim.
During the hearing, you may call any expert witnesses and family witnesses that can help you show how your disability has impacted your life. This includes friends, family members, medical experts and vocational experts. The ALJ will want to hear from them as well as from you during your hearing.
As such, it is up to you to gather medical records and submit them to the ALJ. At least 75 days before your hearing, you will receive a notice from the SSA telling you the date, time and location of your SSDI hearing. This place will be within 75 miles of your home in general.
One of the best ways to get your SSDI application approved is to give the Administrative Law Judge some new evidence. As soon as you receive notice of your hearing, contact your doctor and healthcare providers. Gather all relevant medical records and ask your doctor for new tests to help back up your disability claims. You must submit copies of these records and documents to the judge prior to your hearing. However, make extra copies for yourself to include in your notes. This will help you establish your disability claims better.
Gather all relevant medical records and ask your doctor for new tests to help back up your disability claims. You must submit copies of these records and documents to the judge prior to your hearing. However, make extra copies for yourself to include in your notes. This will help you establish your disability claims better.
After your hearing, you will get the ALJ’s decision. If your case was approved, you can then start to collect the disability benefits you deserve. If your case was denied, you can continue through the appeals process. Your next step will be to work with your attorney and appeal your case to the Appeals Council.
When your hearing begins, it is important to speak honestly with the ALJ. When the ALJ is speaking, do not interrupt. The judge will ask you questions about your disability and your case. Be friendly and polite and wait until they are finished speaking before answering.
There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.
At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)
Your attorney or nonattorney advocate will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time before your hearing.
If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.
To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.
First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)
Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.
Your attorney is there to represent your best interests. Your attorney also knows the legal standard in Social Security disability cases. If your attorney believes there is critical information about your case that has not been brought out during questioning by the Judge, your attorney may opt to ask you questions so that you may provide that information to the court.
If you are asked questions by the Judge, it is critical that you listen to the complete question and then respond to only that question. There is no need, for example, for you to recount your medical procedures if the Judge doesn’t ask about them Your attorney will have already provided that information to the Judge. You can expect that the Judge has read your file and is already aware of your medical procedures. Your testimony, and that of your lay witnesses, is designed to provide first-hand information about your daily life and how your condition affects and restricts your life.
There may be experts at your hearing, such as medical or vocational experts. You are also entitled to bring witnesses to testify on your behalf. The purpose of these fact witnesses, called lay witnesses, is to testify about your limitations. You can expect to be questioned by the judge, as well.
You don’t have to wear a suit if you normally don’t do so. However, you should still take a moment to put some thought into how you will present yourself. Skirts should come at least to the knee. Cleavage has no place in at a disability hearing. Similarly, shorts are not appropriate. Nor are t-shirts with slogans or catchy phrases appropriate at a Social Security disability hearing. You should dress modestly, in clothes that are clean and pressed.
If you have been documenting your disability on a daily or weekly basis, take a moment to review the documentation, to remind yourself of all the ways you have been limited because of your disability. You should identify and be prepared to describe specific examples of your limitations. Testimony such as “I can’t do anything” is neither helpful nor, frankly, accurate. The Judge will note that you made it to the disability hearing, so you can obviously do “something.”
It is not uncommon, however, for your attorney to not ask any questions. This does not mean he or she is not advocating for you. Nothing further may be needed to put on the record since:
Because there is a court reporter, it is critical that you respond verbally to questions. In other words, do not nod or shake your head. Also avoid responding with “Uh-huh.”
Fortunately, an experienced disability attorney is trained to handle "bad facts." For example, if your records contain opinions by a physician or other medical provider that do not support the fact that you have a true disability and are unable to work, your attorney will ask you questions aimed at limiting the importance of and/or eroding the accuracy of the doctor's statement. For instance, your lawyer may ask you how long you had been a patient of the doctor, whether the doctor was a specialist in your illness, and whether you sought a second opinion.
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. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.
Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.
When trying to prove that you can do what Social Security calls "less than sedentary work," your attorney will need medical evidence to prove that you have certain functional limitations, like not being able to lift ten pounds or needing to lie down frequently during the day.
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.
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. To learn how a disability lawyer handles other aspects of your case and appeal hearing, see our article on how disability attorneys will handle your claim.
If your records contain statements about drug or alcohol abuse, it will be especially important for your lawyer to explain to the ALJ what you are doing to treat your addiction. An ALJ will appreciate that both you and your attorney are straightforward about the "bad evidence" and may agree with your position.
Experienced disability lawyers know the ins and outs of the SSA’s disability evaluation system like the back of their hands. They know what the SSA wants to see and what type of evidence to submit for them to see that.
Aside from preparing you, social security disability attorneys will also represent you during the hearing.
The SSA’s disability determinations process uses an evidence-based approach in granting disability benefits. They will want you to prove that your disability really prevents you from going back to work or doing any type of income-generating activity.
If your claim gets denied at the initial application stage, you have the right to appeal the SSA’s decision. This is where an experienced disability lawyer can help you too. They can help you navigate the appeals process and file a request for reconsideration.
If you hire a disability lawyer, the burden of compiling the necessary evidence to support your claim will fall largely on them. You won’t have to stress yourself talking to your doctors or thinking about what type of medical evidence you need to get.
After gathering all the information about your disability, they can formulate a theory for why you are disabled. They will then use this theory to argue that:
If you’ve never applied for disability benefits, they will assess your eligibility for disability. But if you’ve already been denied, they will look at what went wrong with your application. The information you’ll provide them about your denied disability is essential.
If you're represented, make sure you meet with your representative before your hearing.
Questions may include: How long can you walk before you need to rest? Are you able to concentrate for an extended period of time?
Medical Condition (s): The judge already will have copies of your medical records, so you'll mostly be asked about your symptoms (dizziness, inability to stand, pain, etc.). Some questions to consider: Can you describe the intensity of the pain on a scale of one to 10? Do you take medications and are there any side effects? Is your range of motion limited?
Some other details to include are the name of the prescribing doctor, dosage, and side effects.
Keep a detailed diary of your daily activities a few weeks prior to your hearing. Include nearly everything you do from the time you wake up to the time you go to sleep, including how well you sleep at night. Specifically, make sure you document how well you feel throughout the day; what you do to alleviate discomfort; which medications you take, when, and how often.
That means you must present yourself as a reliable claimant, especially for conditions where there is limited objective evidence (including mental disabilities and chronic pain).
Specifically, you'll be asked about your job duties; how much time was spent sitting, standing, or walking; how much weight you had to lift; and the level of skill required for each job.