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Social-Security-Disability-Now.com





EVERYTHING YOU NEED TO KNOW ABOUT SOCIAL SECURITY DISABILITY




DO YOU NEED A LAWYER TO APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?

What You Should Know About Social Security Disability

You do not need an attorney to file a claim. But having a knowledgeable advocate
is clearly an advantage in an environment where the large majority of claims are
rejected on the initial filing.

One of your advocates in the pursuit of your rights is your Social Security
disability lawyer. This website will help you find that advocate, and provide
you with the information you need to thoroughly understand your rights and your
options.

 

Dealing with the government requires patience. You need to do some homework so
you know your rights. It's also good to learn enough so that you end up knocking
on the right doors. 

 

First, information is always your friend. Below are some sources of information
as well as some links that can help you better understand your circumstance,
what's expected of you, and how the government views you when determining
eligibility.

 

Are You Eligible For Benefits?

There is a very informative post on mobiletv-news.com that reveals the best
approach to improving your chances of obtaining benefits on your first attempt.
It encourages applicants to consult a social security disability attorney to
guide you through the bureaucratic process though it isn't absolutely necessary.
But if your application is denied for technical reasons - not supplying the
required information, or providing incomplete or outdated records - professional
help may greatly improve your odds of success. Although the information on
mobiletv-news.com is a couple of years old, it is still valid in all respects
and we strongly recommend you take the time to read it. There are also many
other websites with good information, but remember that assistance may come with
a price - either a fee, or a portion of your benefits is the typical
compensation for assistance. But good advice is probably worth it.




 

Your Social Security Benefits

In 1945 President Franklin Delano Roosevelt created a Federal program now known
as Social Security. Your Social Security benefits derive from that program.
Driven by economic hardship, the program sought to soften the harsh conditions
caused by economic depression and war. Your Social Security benefits provide
much more than retirement benefits.



From https://www.ssa.gov/disability/

"The Social Security and Supplemental Security Income disability programs are
the largest of several Federal programs that provide assistance to people with
disabilities. While these two programs are different in many ways, both are
administered by the Social Security Administration and only individuals who have
a disability and meet medical criteria may qualify for benefits under either
program."

"Social Security Disability Insurance pays benefits to you and certain members
of your family if you are "insured," meaning that you worked long enough and
paid Social Security taxes."

"Supplemental Security Income pays benefits based on financial need."

When you apply for these programs, you will be asked to supply medical and other
information to determine if your circumstance meets Social Security's definition
of disability.

This is a good resource for general information on the government site.

Use the Benefits Eligibility Screening Tool to find out which programs may be
able to pay you benefits.



If your application has recently been denied, the Internet Appeal is a starting
point to request a review of our decision about your eligibility for disability
benefits.

If your application is denied for:

* Medical reasons, (beginning December 22nd) you can complete and submit the
required Appeal Request and Appeal Disability Report online.

The disability report asks you for updated information about your medical
condition and any treatment, tests or doctor visits since we made our decision.

* Non-medical reasons, you should contact your local Social Security Office to
request the review. You also may call ssa's toll-free number, 1-800-772-1213, to
request an appeal. People who are deaf or hard of hearing can call ssa's
toll-free TTY number, 1-800-325-0778

Legal Note:

It is important to point out that the Social Security Administration does not
require that you be a licensed lawyer to perform some aspects of social security
representation. But, if you can hire a social security disability attorney for
the same price as someone who is not a social security attorney, who would you
retain? Social security disability lawyers and Supplement Security Income (SSI)
claims lawyers do not charge you anything unless you recover. In essence, that
is called: You Pay No Fee If There Is No Recovery.

Supplement Security Income (SSI) is part of the Social Security Program that
provides monthly disability benefits to those who have not worked long enough to
qualify for SSDI.

The Social Security Administration denies 70% - 75% of the applications for
disability. However, a social security attorney can appeal the decision to an
Administrative Law Judge and the statistics are very good for winning the
appeal. Approximately 60% -70% of these appeals win!
Application of Social Security Disability Benefits.

 

The content of this website is provided for informational purposes only, and
does not constitute legal advice
 


HOW CAN A LAWYER HELP ME?

- Your attorney is your advocate

- Understanding your circumstance

- Handling the paperwork

- Refiling if your initial claim is denied

Project The Right Attitude

Make sure that your approach to filing is not perceived to be anything other
than an honest application for benefits. This is not a play-the-odds gambit
where you might strike it rich, like an online casino usa ploy. If seen in that
light, you run the risk that your application will be immediately denied, and
you risk prosecution. An experienced lawyer will ensure that your application
will be managed professionally.


WHY DO YOU NEED A SOCIAL SECURITY DISABILITY LAWYER?


AVOID COMMON ERRORS

As is the case with any government process, professional help can make the
critical difference between success and failure. A lawyer familiar with the
Social Security benefits process can protect you from making certain common
errors that harm your chances of approval.

For example, if you are disabled and unable to work, it is critical that you
pursue a claim for Social Security disability, or ssi based on disability, and
get it filed immediately. This is because initial disability claims often take a
very long time to process. It is the exception that gets processed quickly, the
first time around.

A knowledgeable Social Security disability lawyer will help you avoid hardships
created by filing too late. Many unknowing claimants experience unnecessary
difficulties simply because they could not adapt to the long time frames
involved. Your Social Security disability lawyer will make sure you file early.


PAY ATTENTION DETAILS

If you have a physical illness or mental condition that is expected to prevent
you from working for at least a year or that will result in your death, you may
be eligible for social security disability benefits. If you do not present a
strong case, the lengthy application process may very likely be futile. Even if
you meet all the requirements for social security disability benefits, you may
be rejected simply because you did not file properly. The fact is about 70% of
initial social security disability claims get rejected which is why we recommend
that you find a competent social security disability lawyer.


EXPERIENCE MATTERS

Look for a social security disability lawyer who is experienced in handling all
types of disability cases. You obviously want a lawyer who is knowledgeable
about the social security system and understands what it takes to win social
security disability benefits for their client.

 



The fact is, if you're applying for social security disability benefits, you are
already dealing with enough issues and taking on filing a Social Security
disability claim may just be too overwhelming. A social security disability
lawyer will essentially do everything for you as they guide and advise you every
step of the way.

Below is a condensed description of what to expect as you seek Social Security
disability benefits. With a social security disability lawyer, you will not be
alone during this process


APPLICATION

When you decide to pursue getting benefits you need to fill out the initial
application. This can be done by phone, in person, or online. You must fill out
an application and acquire medical records.



A good social security disability lawyer will develop your claim based upon your
work history, age, impairments, and how you reached the point of being unable to
work. They will also assist in obtaining the medical evidence necessary to
support your claim.

The finished application is then sent to Disability Determination Services
(DDS). This is where your initial claim will be reviewed, not at your local
Social Security Administration office. Again about 60 to 70% of these initial
claims are rejected. If your claim is rejected, your social security disability
lawyer will help with the appeal.


RECONSIDERATION

You will have 60 days to request having your file reviewed again. This is called
Reconsideration. Your social security disability lawyer will handle this request
for you. During "Reconsideration" your claim is reviewed again by the Disability
Determination Services (DDS). Unfortunately, the chances of a successful review
are very slim. At this point many folks just give up. Don't! You have the right
to file an appeal.


HELPFUL LINKS

Social Security Disability - How to Apply

Social Security Disability Determination Process

SSA-561-U2 Form - Request for Reconsideration for Social Security Disability
Benefits

If You Need An Interpreter


APPEAL/HEARING

You have 60 days to request a hearing. If at this point you still don't have a
social security disability lawyer, we strongly recommended that you have one for
this hearing. Most claims are won at an administrative hearing.

The hearing will have an Administrative Law Judge who will decide whether or not
you will be awarded benefits. The wait time to get this hearing may vary
greatly, but it may take over a year to finally have a hearing scheduled. It
would be a shame to not be fully prepared, and going to this hearing without a
social security disability lawyer would greatly reduce your chances of
successfully winning.

A social security disability lawyer will prepare your whole case and prep you
before the hearing where the judge will ask you a number of questions. Using an
experienced social security disability lawyer who is familiar with the presiding
judge is to your advantage because your lawyer can prepare you for the questions
that your specific judge is most likely to ask. One thing that many people don't
realize is that the files the judge now has will be outdated since a number of
months have passed from the initial application. When you request a hearing your
file is transferred to the Office of Hearings without any updated information.
If you are represented by a social security disability lawyer, he/she will be
sure to supply all updated records, as well as get written supporting statements
from your healthcare providers to be presented at the time of your hearing.

 



If you have just hired a social security disability attorney at this stage,
he/she will look over your file, see why you have been declined in the previous
stages, and then create a strategy that presents your story in the most
compelling way. Those folks who choose not to have legal representation still
have the opportunity to look over their file, but may not understand most of it
or know how to best present their case before the Administrative Law Judge.

There are still legal options available if your application is again declined.
If your social security disability lawyer feels that there was some error on the
judge's part he/she may appeal to the Appeals Council. If the appeal is
accepted, the council will review your claim and either overturn the decision or
return it to the original judge. If denied you may still appeal to Federal Court
in which case your social security disability lawyer will file a petition.

As you can see from this description of the process for filing and appealing for
social security disability benefits, there are many situations along the way
where having expert legal advice would be to your benefit.

There really are no disadvantages to hiring a competent social security
disability lawyer. A lawyer will be motivated in helping you since he/she only
charges if you win and receive benefits. Therefore, you should not dismiss the
idea of hiring a social security disability lawyer for financial reasons.

For many people the best advice is to seek representation from the start of the
process. Without the proper guidance you can unknowingly be hurting your case. A
social security disability attorney will take care of everything for you as far
as paperwork, filing, research, and personal prepping for a hearing before a
judge. In addition your lawyer will make sure that you meet all the deadlines
and check to make sure your files are received. Your social security disability
attorney is your guide making the whole social security disability process much
simpler for you. And once your claim is accepted, your lawyer will make sure you
receive the proper payment from the Social Security Administration.

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SOCIAL SECURITY DISABILITY INSURANCE

Supplemental Security Income and Social Security disability insurance are the
largest Federal disability programs managed by the Social Security
Administration. Although these two programs are different in many ways, the
Social Security Administration administers both programs.




PAYROLL FUNDED

Social Security disability insurance is payroll tax-funded. If a claimant meets
Social Security's definition of disability, he/she should apply for Social
Security disability insurance. The claimant must have a disability that prevents
her/him from working or prevents her/him from earning an income over the SGA
(substantial gainful activity) level. To qualify for Social Security disability
insurance, claimants must prove to the Social Security Administration that they
are "permanently disabled," or suffering from a condition, either mental or
physical, that has lasted, or is expected to continue for more than 12
consecutive months, OR may result in death. In addition, a individual must be a
legal United States resident and have worked a designated amount of time either
as an employee or a free lancer where he/she contributed to Social Security
taxes. If the person was disabled prior to turning 22, he/she may be able to
collect Social Security disability insurance by using their parents' credits
without their parents losing any of their own benefits.

If the disabled person is the primary wage earner, Social Security disability
insurance assists certain family members by providing them with benefits. Social
Security disability insurance is essentially wage replacement income for
individuals who have worked and paid FICA (social security) taxes. Social
Security disability insurance benefits are payable to disabled workers, widows,
widowers, and children or adults disabled since childhood who meet the program's
criteria.


 


BENEFITS BASED ON SOCIAL SECURITY EARNINGS

Once an application is approved, the monthly Social Security disability benefit
amount is based on the Social Security earnings record of the insured worker.
The benefits may continue as long as the person is disabled and meets the work
or other eligibility requirements. However, benefits can stop for specific
reasons, events, or activities. Periodically the Social Security disability
insurance recipient will undergo a review to determine if there is any medical
improvement in the individual's condition, as well as to determine whether he/
she continues to be eligible for benefits. When the disabled person reaches
"retirement age", generally at age 65, he/ she will leave the Social Security
disability insurance program and move into the Social Security retirement
program instead.


SOME IMPAIRMENTS ARE AUTOMATICALLY CONSIDERED DISABLED

If you have any of the impairments on this list, you are automatically
considered disabled. That is not to say, if you have some impairment not on the
list that you would be disqualified. If the Social Security Administration deems
your impairment equal in severity to the ones on the list, you will be approved.
If your impairment is severe enough to prevent you from returning to work at
your previous job or any other job, then you may still be eligible to receive
benefits.


NOT SUPPLEMENTAL SECURITY INCOME (SSI)

Social Security disability insurance should not be confused with Supplemental
Security Income (SSI). SSI is an income supplement that is not funded by Social
Security taxes. SSI is for older individuals or children, who are blind or
disabled, with very limited income. SSI gives income for basic needs like
shelter, food and clothing.

Many people think they will never need to apply for Security disability
insurance. However, a 20-year-old worker has a 3-in-10 chance of becoming
disabled before reaching retirement age. The process of applying and obtaining
Social Security disability insurance can be long and frustrating. Most people
will not be approved in their initial application, or in their reconsideration
appeal. Don't be discouraged. Consider consulting with a Social Security
disability lawyer. Since each individual's situation is unique, it is wise to
contact a Social Security disability lawyer, if your first application or appeal
is denied. With representation, you will have a knowledgeable partner who can
answer your questions and help streamline the process. A Social Security
disability lawyer can be of great assistance to you in pursuing your claim in a
court hearing before a judge. An experienced Social Security disability lawyer
understands the Social Security disability insurance appeals process. Your
Social Security disability lawyer will fight for you to receive the Social
Security disability insurance benefits that you deserve.

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SOCIAL SECURITY DISABILITY INITIAL CLAIM

 




THE FIRST STEP

If you feel that you are eligible for benefits, the first step in the
application process for benefits is filing the Social Security disability
initial claim. A Social Security disability initial claim can be initiated by
calling the Social Security Administration 's toll free number, in person at
your local Social Security Administration 's office, or online.

 


FILING ONLINE

If you choose to file your Social Security disability initial claim online go to
the Social Security Administration website by clicking here.

There are pros and cons to filing online. First of all you must be 18 years or
older and have worked and paid Social Security taxes long enough and recently
enough to qualify. The main advantage to filing online is you can start your
disability claim immediately. You do not have to wait for an appointment at your
local Social Security office. In addition, you can apply anytime on a computer
from the convenience of your own home. Avoiding trips to a Social Security
office will save you time, money, and discomfort. However, you can't ask any
questions you might have regarding the Social Security disability initial claim
process. You also will not receive "protective filing" status. The "protective
filing date" is the date you first contact the Social Security Administration
office about filing for benefits. It can be used to establish an earlier
application date than when your actual signed application is received.

 


BY PHONE, MAIL, OR APPOINTMENT

You can file your claim over the phone and have the paperwork mailed to your
home, or schedule an appointment at your local Social Security Administration
office and file your claim in person. The Social Security disability initial
claim is for many folks just the first of many more steps in process of
qualifying and receiving Social Security Disability benefits.




BE METICULOUS WITH YOUR MEDICAL RECORDS

After your Social Security disability initial claim is made, it is forwarded to
a disability examiner at the (DDS) Disability Determination Services. The
disability examiner will request your medical records. It is essential to list
all of your medical information with doctors' telephone numbers and addresses.

Your Social Security disability initial claim is approved or denied based on
your medical records. It is also wise to obtain copies of your own medical
records from your doctors and submit them with your application.

The disability determination examiner may make his/her decision without
receiving all of your records from outside sources, if he/she finds that the
records received with the Social Security disability initial claim are
"sufficient enough" to make a decision.

Usually, however, your Social Security disability initial claim will be filed
away while the disability examiner awaits requested medical records from doctors
and hospitals as well as other information.

The disability examiner then makes his/her decision with the input of a
supervisor, and medical and psychological consultants. It is possible the
examiner may request that you receive an additional medical exam paid for by the
Social Security Administration.

After an approval or denial is made regarding your claim, you will receive
notification in the mail.

 




MOST INITIAL CLAIMS ARE DENIED - BUT DON'T GIVE UP

Please be aware that in most cases (60 to 70 percent) a Social Security
disability initial claim will be denied. Don't lose hope since you can appeal
the decision. You have 60 days to request what is called "Reconsideration" where
the same people who rejected your Social Security disability initial claim,
reconsider your "denied" claim. 90% of reconsidered claims are denied again. At
this point, you, the claimant, have one more avenue to appeal DDS decision. You
have 60 days to request a hearing before a judge.




YOUR SSD LAWYER CAN GUIDE YOU THROUGH THE PROCESS

If your Social Security disability initial claim is denied or if your
"reconsideration" appeal is denied, you should definitely seek representation
from a Social Security disability lawyer. It may even be wise to seek counsel
from a Social Security disability attorney when first filing your Social
Security disability initial claim. Your Social Security disability lawyer can
ease the whole arduous process by first making sure you initially qualify to
file a claim. They will then handle all the paperwork including obtaining
medical records and physician recommendations for you. If your Social Security
disability initial claim is denied, your Social Security disability attorney
will then guide you through the appeals process as well. If you have a hearing
before a judge, it is imperative to have by your side an experienced Social
Security lawyer who will spend the time preparing your file for presentation.


BE PATIENT - THE FEDERAL AGENCIES MOVE SLOWLY

Do not become discouraged by the process of filing for disability. It can take a
great deal of time to get from the Social Security disability initial claim to
actually receiving benefits. If you are denied benefits, contact an experienced,
knowledgeable Social Security lawyer to help you get the benefits you deserve.

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WHAT ARE THE QUALIFICATIONS FOR SOCIAL SECURITY DISABILITY INSURANCE?

When you apply for social security disability or SSI disability benefits you
must meet certain criteria put forth by the Social Security Administration (SSA)
before your claim can even be considered. There are both medical and non-medical
requirements among the numerous Social Security disability qualifications.
Foremost, you must be able to prove to the Social Security Administration that
you are "permanently disabled," or suffering from a condition, either physical
or mental, that has lasted, or is expected to continue for more than 12
consecutive months. The time guideline is crucial to your claim so it is
important that you keep all pertinent medical records and other paperwork well
organized and up to date. You do not want any confusion or questioning about the
extent of your disability.


SOCIAL SECURITY ADMINISTRATION'S BLUE BOOK

The social security administration's impairment listing manual, called the blue
book, lists a number of impairments, both physical and mental, that will qualify
an individual for social security disability benefits.

In some cases you do not even have to have one of the impairments that is listed
in the blue book to potentially be awarded disability benefits. Anything from
this list or similar to this list may qualify you as being disabled.


IN ADDITION......

Even though suffering from a chronic condition, the SSA will need to decide if
your disabling condition prevents you from achieving any type of "substantial
gainful activity." You simply can't claim that you are unable to perform the
duties of your previous employment. You also have to prove that it impossible to
find a new line of work due to age, education, or impairment.

Interestingly, you can technically still be working and receive Social Security
disability benefits if you are below the substantial gainful activity (aka SGA)
level which is currently $1000 per month before taxes. In the case of a blind
individual the SGA level is $1,640 In the case of a blind individual the SGA
level is $1,640.


TO QUALIFY FOR DISABILITY PAYMENTS SUFFICIENT SOCIAL SECURITY WORK CREDITS ARE
REQUIRED

Even though you may meet the SSA's definition of disability, there are
non-medical requirements for Social Security disability benefits as well. You
still need to have sufficient Social Security work credits in order to qualify
for disability payments since Social Security Disability Insurance (SSDI) is
funded by the Social Security tax fund.

Social Security work credits are based on your total yearly wages or
self-employment income where you have contributed to the Social Security tax
fund. You can earn up to four credits each year. A calendar year is divided into
quarters: January thru March; April thru June; July thru September; and October
thru December. While working and paying taxes you receive four credits per year.
Basically, an individual needs to have paid Social Security taxes on his or her
wages long enough to qualify for benefits. With a fairly consistent work
history, and having worked a minimum of five of the ten years previous to the
onset of disability, you will qualify. The work credit requirement can be
somewhat less for younger applicants.

If you become disabled in the quarter you turn 24 or before, then you would need
one and half years of work within the three-year period before you were
disabled. If you become disabled in the quarters between age 24 and 30, you
would need to have worked half the time since the quarter you turned 21 until
the time you were disabled. If you become disabled at 31 or later, you would
need to have worked five out of 10 years, ending with the quarter you became
disabled.

 


OTHER HELPFUL INFORMATION

 

- Qualifying Social Security Disability Benefits
To qualify for Social Security disability benefits, you must not only have
worked in jobs covered by Social Security, but also have a medical condition
that meets Social Security's definition of disability.

To learn more about qualifying for Social Security Disability Benefits go to:
Social Security Disability Qualification Requirements




THE PROCESS OF FILING FOR DISABILITY IS NOT SIMPLE.

If you need some guidance, contacting a social security disability lawyer could
be helpful. Understanding how the Social Security Disability system works and
how it relates to medical impairments can make the difference between success
and failure in applying for and receiving social security disability benefits.

The requirements for Supplemental Security Income (SSI) are different from the
Social Security disability qualifications.

For SSI you must either be

 * blind
 * 65 or older
 * disabled
 * a child that is blind or disabled

and have limited resources and income. It is possible to be eligible for Social
Security disability and SSI at the same time.

Income consists of wages, pensions , and Social Security disability benefits. If
you are married, part of your spouse's income is used in determining
qualification. Part of your parent's income in case you are younger than 18 and
part of your sponsors income if you are a sponsored "no citizen" will also be
considered. The income that SSI does not count is

 * The first $20 a month of most income you receive;
 * The first $65 a month you earn from working and half the amount over $65;
 * Food stamps
 * Shelter you receive from private nonprofit organizations; and
 * Most home energy assistance.

In addition, some scholarships and wages are not counted for students. Items
used in assisting a disabled worker that were paid for are not counted, as well
as work expenses for the blind. Some training costs are also not counted for the
blind or disabled.

Resources consist of real estate, bank accounts, cash, stocks and bonds. You may
be eligible for SSI if your resources equal no more than $2,000 and no more than
$3,000 for a couple. Resources that do not count are

 * The home you live in and the land it is on;
 * Life insurance policies with a face value of $1,500 or less;
 * Your car (usually);
 * Burial plots for you and members of your immediate family; and
 * Up to $1,500 in burial funds for you and up to $1,500 in burial funds for
   your spouse.

If you feel that you meet the Social Security disability qualifications, or the
requirements for SSI you should speak to a Social Security disability lawyer who
will help you navigate the Social Security disability application process.

 

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SOCIAL SECURITY DISABILITY APPEALS

Most initial claims are denied, but you can appeal if you feel the denial was
incorrect. Social Security wants to be sure that every decision made about your
Social Security or Supplemental Security Income (SSI) claim is correct. They
want to carefully consider all the information in your case before making any
decisions that affect your eligibility or your benefit amount.



When they make a decision on your claim, they will send you a letter explaining
their decision. If you do not agree with that decision, you can appeal - that
is, ask them to look at your case again.

When you ask for an appeal, they will look at the entire decision, even those
parts that were in your favor. If you can demonstrate that their decision was
wrong, they will change it.


WHEN & HOW CAN YOU APPEAL?

Should you wish to appeal, you must make your request in writing within 60 days
from the date you receive their letter. They assume you receive the letter five
days after the date on the letter, unless you can show us you received it later.
Call your local Social Security office if you need help with your appeal.

If you filed for Social Security disability benefits or SSI and your claim was
denied for medical reasons, you may request an appeal at Internet Appeal.


HOW MANY APPEAL LEVELS ARE THERE?

Generally, there are four levels of appeal. They are:

 * * Reconsideration
 * * Hearing by an administrative law judge
 * * Review by the Appeals Council
 * * Federal Court review.

When you are sent a letter about a decision on your claim, they will tell you
how to appeal the decision.


RECONSIDERATION

A reconsideration is a complete review of your claim by someone who did not take
part in the first decision. They will look at all the evidence submitted when
the original decision was made, plus any new evidence.

Most reconsiderations involve a review of your files without the need for you to
be present. But when you appeal a decision that you are no longer eligible for
disability benefits because your medical condition has improved, you can meet
with a Social Security representative and explain why you believe you still have
a disability.




HEARING

If you disagree with the reconsideration decision, you may ask for a hearing.
The hearing will be conducted by an administrative law judge who had no part in
the original decision or the reconsideration of your case. The hearing is
usually held within 75 miles of your home. The administrative law judge will
notify you of the time and place of the hearing.

Before the hearing, they may ask you to provide more evidence and to clarify
information about your claim. You may look at the information in your file and
give new information.

At the hearing, the administrative law judge will question you and any witnesses
you bring. Other witnesses, such as medical or vocational experts, also may give
us information at the hearing. You or your representative may question the
witnesses.

In certain situations, they may hold your hearing by a video conference rather
than in person. They will let you know ahead of time if this is the case. With
video hearings, they can make the hearing more convenient for you. Often an
appearance by video hearing can be scheduled faster than an in-person
appearance. Also, a video hearing location may be closer to your home. That
might make it easier for you to have witnesses or other people accompany you.

It is usually to your advantage to attend the hearing (in person or video
conference). You and your representative, if you have one, should come to the
hearing and explain your case.

 

If you are unable to attend a hearing or do not wish to do so, you must explain
why in writing as soon as you can. Unless the administrative law judge believes
your presence is necessary to decide your case and requires you to attend, you
will not have to go. Or they may be able to make other arrangements for you,
such as changing the time or place of your hearing. You have to have a good
reason for us to make other arrangements.

 


WHAT YOU SHOULD KNOW ABOUT SOCIAL SECURITY DISABILITY

 

After the hearing, the judge will make a decision based on all the information
in your case, including any new information you give. They will send you a
letter and a copy of the judge's decision.


APPEALS COUNCIL



If you disagree with the hearing decision, you may ask for a review by Social
Security's Appeals Council. They will be glad to help you ask for this review.

The Appeals Council looks at all requests for review, but it may deny a request
if it believes the hearing decision was correct. If the Appeals Council decides
to review your case, it will either decide your case itself or return it to an
administrative law judge for further review.

If the Appeals Council denies your request for review, you will be sent a letter
explaining the denial. If the Appeals Council reviews your case and makes a
decision itself, you will be sent a copy of the decision. If the Appeals Council
returns your case to an administrative law judge, you will be sent a letter and
a copy of the order.


FEDERAL COURT

If you disagree with the Appeals Council's decision or if the Appeals Council
decides not to review your case, you may file a lawsuit in a federal district
court. The letter sent to you about the Appeals Council's action also will tell
you how to ask a court to look at your case.


CAN YOU SEEK HELP WITH THE PROCESS?

Yes. Many people handle their own Social Security appeals with free help from
Social Security. But you can choose a lawyer, a friend or someone else to help
you. Someone you appoint to help you is called your "representative." They will
work with your representative just as they would work with you. Your
representative can act for you in most Social Security matters and will receive
a copy of any decisions we make about your claim.

Your representative cannot charge or collect a fee from you without first
getting written approval from Social Security.

If you want more information about having a representative, ask for Your Right
To Representation (Publication No. 05-10075) or fill out our form and speak with
a Social Security Disability lawyer. The initial consult is free.

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WHAT TO EXPECT AT YOUR SOCIAL SECURITY DISABILITY HEARING


THE SOCIAL SECURITY DISABILITY HEARING - WHAT TO EXPECT.

Also known as the ALJ hearing, the appeal at this level is processed by a
Hearing Office within SSA's Office of Hearing and Appeals. This office is now
called Office of Adjudication and Review or ODAR. After conducting a hearing and
receiving additional information, an Administrative Law Judge makes this appeal
decision.

Click the "Request Help" link if you you want to speak to a lawyer or just want
a free consultation.


THE SOCIAL SECURITY DISABILITY HEARING:
WHAT QUESTIONS ASKED BY ALJ OR LAWYER SHOULD YOU BE PREPARED TO ANSWER?



The Social Security Disability hearing or SSI hearing is likely to be the most
stressful part of the process for people trying to get Social Security
Disability (SSDI) or Supplemental Security Income (SSI). Many claimants will
become emotional during the hearing. This is quite common and is merely a result
of having to talk about how much your life has been negatively impacted by your
condition. By reading this page on the Social Security hearing process you may
get some idea of what you can expect and perhaps relieve some of your anxiety
over this process.


EXPECTATIONS: WHO IS INVOLVED



Expect to see an Administrative Law Judge (ALJ), a hearing reporter, your lawyer
or representative if you have one (we strongly recommend that you be
represented), in some cases medical expert (ME), in some cases a vocational
expert (VE), and any witnesses you bring. The Judge oversees the hearing,
determines how it is conducted, and makes the final decision on your claim. The
hearing reporter's job is to make sure the entire hearing is audio recorded.
Your lawyer or representative will present your case and can question any
witness including the vocational and medical expert. The vocational expert (if
needed) will give his expert opinion on work factors in you Social Security
claim. A medical expert (if needed) will give their opinion on the medical
issues of the case including the medical listings.

Most SSDI or SSI hearings start with the ALJ giving a short introduction of the
case and admitting the case file as evidence. The ALJ will then either start the
questioning himself or ask the claimants lawyer or representative to start the
questioning.


WHAT TYPE OF QUESTIONS TO EXPECT

The questioning usually starts off with basic identifying information such as
name, address, date of birth, last grade you completed in school, etc.

It will typically be followed by questions about your past employment. The ALJ
or your lawyer will ask you about each of your jobs, including how long you
worked at each job, what your job duties were, how much did you have to lift on
that job, how long did you have to sit and stand, did you do any reaching or
bending, how did you use your hands on job, did you supervise other employees,
etc.

The reason these questions are asked is to determine what were the physical
requirements of the job and what were the non-exertional (non-physical)
requirements of the job. This is important because if the ALJ finds that you can
perform any of your past relevant work then you will be found not disabled.

You will also be asked what it is that keeps you from being able to work? Or why
can't you work? You do not want to go into the medical definitions of what you
have. That should be in the file and the ALJ is aware of it. You should answer
this question by stating the symptoms or limitations from your medical
conditions.

An example might be:

I have constant pain in my lower back that shoots down my leg. The pain gets
worse when I stand or sit too long. I have difficulty lifting even light things.
The medication I take makes me tired all the time. I can't bend over and tie my
shoes. The pain makes it difficult for me to concentrate on what I am doing.


LEAVE MEDICAL ARGUMENTS TO THE RECORD AND THE MEDICAL EXPERT.



You will also be questioned about the doctors you see, the treatment you are
getting, any procedure being planned for your condition like surgery,
medications you are taking and any side effects from those medications. The ALJ
or lawyer may also ask about any hospitalizations.

There will also be a series of questions about your limitations caused by your
condition.
 

 * How heavy a weight you can lift?
 * How long you can stand, sit, walk, etc.?
 * Can you use your hands for things like picking up small objects or grabbing
   larger objects?
 * Can you reach out in front of you or above your head?

There also may be other questions asked like these in regards to other
limitations. If you suffer from a psychiatric condition you will be asked about
these.

 * Do you have any problems with memory or concentration?
 * How do you get along with others?

The questions asked about mental conditions tend to vary more than those asked
of physical conditions and are asked in different ways. To get a good idea of
what kind of limitations an ALJ will be asking about take a look at a mental RFC
form. The reason these questions are asked is to help determine your physical
and mental limitations.

Your credibility is critical.

Whether your answer to these questions will help or hurt your case depends upon
whether the judge believes your testimony or not. If your testimony is
consistent with your medical conditions and RFCs then the more probable the ALJ
will find your testimony to be credible.

Be warned: If you exaggerate your conditions or contrive your story most ALJs
will know and probably not find you disabled.

Daily activities will also be a source of questions. You will be asked about
what you do in a typical day.

 * Do you clean?
 * Do you cook?
 * Watch TV?
 * Take care of kids?
 * Go shopping?

These questions deal with how impacted your life is by your condition, and
again, your credibility is everything.

There may be many other questions asked but this should give you a broad idea of
what to expect.


CLOSING STATEMENT SUMMING UP YOUR CASE

Once the questioning is over your lawyer may make a closing statement to sum up
your case. It is to your advantage to have an experienced attorney handle this
for you because this is sometimes done with a brief. The Administrative Law
Judge may also ask if you have anything else to say. Stick to the facts and
resist the urge to complain or comment on how long this has taken and all the
problems there is with Social Security. Most ALJs are aware of these things and
saying it will not help your case.

In general, the best advice is to stick with facts and leave complaints,
emotions, and comments to a minimum.


ADDITIONAL INFORMATION RE: A SOCIAL SECURITY DISABILITY HEARING


HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE

You have the right to appeal any decision Social Security makes on whether you
are entitled to Social Security Disability Benefits.

If you disagree with a reconsideration determination decision, you have the
right to a hearing before an Administrative Law Judge (ALJ).

If you disagree with the decision of the ALJ, you may file a request for review
with the Appeals Council.

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The content of this website is provided for informational purposes only, and
does not constitute legal advice
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