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Winning at a disability hearing - how hard a goal is this to accomplish? For the most part, this depends on whether or not an SSD (social security disability) or SSI claimant has a solid case; in other words, have they met the social security administration's definition of disability by having a severe impairment that has lasted a year or longer and has prevented them from working? However, that's only for the most part. Since a significant percentage of disabled individuals get denied at hearings, the unfortunate truth is that being legitimately disabled and unable to work may not always be enough when it comes to winning a disability claim. And it is for this very reason that a claimant whose case is heading to a disability hearing before an administrative law judge should properly prepare prior to their hearing date. What should a claimant do to improve their chances of winning at a disability hearing? There are a number of things that can be done and in the following short list we'll try to outline them in sufficident detail. 1. Winning benefits at an SSA disability hearing will require medical record documentation and so a claimant's records should be gathered and submitted to the hearings office in advance of a claimant's hearing date. Which records should be gathered? The shortest answer is simply all of them. But here's why you should gather and submit your entire medical history whenever possible: an administrative law judge (ALJ) hearing a disability case will need to: A. determine if a claimant is currently disabled and B. determine how far back a claimant's benefits will begin (this is crucial for determining how much back pay a claimant will be entitled to). How soon should you gather your medical records and send them in? Generally, it will be best to start gathering records no later than the time you become aware of a hearing date. However, if you have a social security attorney handling your claim, the attorney will gather the records and submit them to the judge, as well as keep a copy for review and evaluation. Additionally, if an attorney is involved in the case, that individual may decide to start sending out requests for records as soon as an exhibit list has been received. And, in some instances, a disability attorney may decide to request records early to determine whether it may be prudent to request an on-the-record review. 
2. Get detailed and supportive statements from treating physicians. These types of statements may have little effect on a social security disability or SSI disability claim that is adjudicated at the initial claim or first appeal level, but at the disability hearing level such statements may have the effect of actually winning the case, provided they are strong enough and are backed up by the objective medical evidence contained in the same doctor's office notes. 3. Get an attorney for a social security hearing. Because while it may not be essential to have an attorney at earlier steps in the disability evaluation process, having proper representation at a hearing can, again, make the difference between winning or losing a case. Yet, surprisingly and amazingly, too many claimants go to hearings without the benefit of representation and, as a result, present cases that are too often tragically unprepared. In most cases, there is no doubt that appearing unprepared before a disability judge will generally eliminate any hope a claimant has of winning disability benefits. In fact, even in instances in which an unrepresented claimant actually wins, the results may be far less than satisfactory (as this example indicates: What can happen when a claimant is not represented at a disability hearing. ). Disability Lawyer Help on disability Claims Free Case Evaluation |
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SOCIAL SECURITY DISABILITY LAWYERS, SOCIAL SECURITY ATTORNEYS HOW TO APPLY FOR DISABILITY USING AN ATTORNEY FOR A DISABILITY APPEAL |
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If you suffer from a medical disability such as hip, neck, shoulder, ankle, wrist, back, or other joint problems, disc herniation, degenerative disc disease, spinal stenosis, carpal tunnel syndrome, rsi or repetetive stress injury, inflammatory bowel disease, ulcerative colitis, irritable bowel syndrome, arthritis, dysthymia, depression or other mood disorders, congestive or chronic heart failure, type 1 diabetes, type 2 diabetes, diabetic neuropathy, high blood pressure (hypertension), seizure disorder, stroke, copd, emphysema, hearing loss or poor hearing, statutory blindness, peripheral field problems or other vision loss, clinical obesity, attention deficit hyperactivity or, simply, adhd, bipolar disorder or manic depression, panic disorder, schizophrenia, autism, head trauma, memory loss, low iq, mental retardation, learning disability, epilepsy, cancer, chronic fatigue, multiple sclerosis, lupus, anxiety, inner ear problems, meniere's, vertigo or dizziness, kidney failure requiring dialysis or other renal problems, cirrhosis, hepatitis, or other liver disease, pancreatitis, osteoarthritis, osteoporosis, asthma, bronchitis, cystic fibrosis, rsd or reflex sympathetic dystrophy, crohn's disease, sarcoidosis, peripheral vascular disease, lyme disease, cerebral palsy, down syndrome, hiv, aids, anemia, sickle cell, thyroid problems including hypothyroidism, esrd or end stage renal disease, reflux, gerd (gastroesophageal reflux disease), cfids, muscular dystrophy, coronary artery disease, cardiomyopathy, or tachycardia, bradycardia or other arrhythmia and have initiated or been denied on a social security disability, or ssi, claim for benefits, this site may assist you with your case. Social Security Disability benefits are often difficult to win; however many claims for social security disability are lost simply because a claimant did not know enough about the disability process to their social security or ssi claim. For information re: representation on a social security disability or ssi claim (attorney or non attorney representative), see the "questions" & "how" pages. |
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