SSD Disability

Tuesday, July 28, 2009

Social security hearing representation

I've written before that if a claimant attends a social security hearing minus a representative, there's at least a fair chance that the administrative law judge will advise that individual to accept a rescheduled hearing date in order that they may find representation to assist them with their case.

However, I was speaking to a social security field office employee who told me that, in his opinion, most disability judges do not actually do this. What led this field office worker to conclude this? According to him, the fact that so many applicants for SSD and SSI go to hearings without a representative and do not get rescheduled hearing dates.

This, of course, begs the question, Why would an administrative law judge not advise someone who arrives at a hearing by themselves...to find representation and return at a later date? This is supposition, but I can only assume that, in such a case, either the judge is not overly concerned regarding the claimant's best interests, or that the judge at one time did this, but has now begun to view all claimants who make this mistake as one and the same. In other words, "if they really think that its such a good idea, let them represent themselves". As I said, this is supposition on my part.

Of course, as a practical matter it's never a wise idea to try something like this. A disability claimant who who arrives at a disability hearing will typically not know anything about the decision history of their own social security disability or SSI case. And most likely, they will not have reviewed their own social security disability file in any meaningful way, will not know why their application for disability was denied, why their first appeal, the request for reconsideration, was turned down, and will definitely not know what equates to sufficient preparation for a social security hearing in order to avoid having their claim turned down once more.

Other things an unrepresented claimant may not consider doing are: A) pointing out that the classification of their past relevant work may not be correct, based on the actual duties they performed, and B) contending that their functional limitations are actually greater than was determined by the state disability processing agency.

Then, of course, there is the aspect of hearing preparation. This involves not only knowing what is in the social security disability file and what it means, but also how to add to it and strengthen it. Strengthening it may involve developing an argument for a disability approval on the basis of meeting a listing in the social security administration's blue book. It may involve getting more documentation of the claimant's condition and the limitations that result from it, including statements from a treating physician, and sending them in to the administrative law judge hearing the case. It may also involve, in a children's case, successfully obtaining questionaires from a child's teacher, an individual who can provide statements as to a child's ability to engage in age-appropriate behaviors or not.

In actuality, there is relatively little that the average unrepresented claimant will know how to do to regarding the presentation of their claim at a hearing. And for this reason, it's helpful for disability judges to point out to claimants the fact that representation, provided by a disability attorney or a non-attorney disability representative is an option that is open to them, and one that they should consider.