A well-written prehearing brief highlights your strongest medical evidence and gives the judge a roadmap to approve your disability claim.
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A single disability application file can contain hundreds (or even thousands) of pages of evidence, including large amounts of medical records. Medical records are frequently disorganized, duplicated, or just difficult to read, making important information easily overlooked. Submitting a written letter to the administrative law judge (ALJ) before your hearing allows you to draw the ALJ’s attention to the strongest evidence and gives you an opportunity to persuade the judge that your claim should be approved.
Many applicants usually hire a lawyer to write a “prehearing brief,” but if you have good writing skills, you can try to write your own. Before you start writing, you might want to check out a few useful tips that can help you ensure that your brief has the most positive impact on your claim.
What Is a Prehearing Brief for Social Security?
A prehearing brief is a two-to-three page letter that you send to the judge before your hearing to describe when your conditions began, what your diagnoses are, and the medical evidence that shows your condition is disabling. It also includes your “theory of disability,” meaning the legal reasoning the ALJ should use in determining why you should be found disabled.
What Are the Benefits of Writing a Prehearing Brief?
Prehearing briefs act as an outline of the disability claim and can provide the ALJ with valuable information at a quick glance, making it easier for the judge to conduct the hearing. Here are some of the biggest benefits of a prehearing brief:
- You get to control how you present your case. By highlighting the strongest evidence and putting weaker evidence into context, you can structure how the ALJ views your narrative (the how, why, and when you became disabled).
- You’re putting the most important information at the ALJ’s fingertips. You shouldn’t make the ALJ wade through hundreds of pages of doctors’ notes in order to find the results of an important MRI when you can point to it in your brief.
- You can present multiple reasons why you should be found disabled. If you think that your condition might meet a listing but you also want the ALJ to know that you can’t do even the easiest sit-down job, you can address both rationales in your brief.
ALJs don’t always expect a prehearing brief to review, but most judges appreciate one. That said, you’ll want to make sure that your prehearing brief is helpful, concise, and aids in the judge’s understanding of your claim. Briefs that are irrelevant or too lengthy won’t add anything to your case.
How to Write a Disability Appeal Prehearing Brief
Your prehearing brief doesn’t have to be longer than two or three pages. Address your brief to the judge who has been assigned to your case and send it to the Social Security Office of Hearings Operations (OHO) handling your case. Send it at least a week before your hearing.
Before you start writing your brief, you’ll first need to request and review your disability exhibit file from Social Security. Your file contains all your relevant medical records and procedural history (what’s happened in your case), arranged into exhibits for easy reference. Mention the exhibits by number (such as “Exhibit 2F”) whenever possible in your brief. Your brief should contain the following elements:
Identifying Information and a Short Introduction
The first part of your brief should provide basic identification including your name, Social Security number, date of birth, educational level, and hearing date. You can also state a short list of what your disabling conditions are along with your disability onset date (the date you became disabled).
Procedural History
The procedural history section gives the ALJ a quick overview of important dates related to your claim. Include the date you submitted your application for disability and your date last insured (if your claim is for SSDI benefits). You might also include the dates your application was denied at the lower levels of review (initial application and reconsideration).
Sequential Evaluation Process
You should briefly discuss each step in Social Security’s five-step sequential evaluation process as it relates to your claim. Here are the main issues to address at each step:
- Step One. State whether you’ve worked at all since your alleged onset date of disability. If you haven’t worked above substantial gainful activity (SGA), just say as much. If you have been working, you can use this section to explain why your earnings don’t count as SGA or if they should be considered as an unsuccessful work attempt.
- Step Two. Identify the medical conditions, both mental and physical, that are preventing you from working, and mention the exhibit in the file containing evidence of a diagnosis.
- Step Three. If you think your medical issues might meet one of Social Security’s Blue Book listings, state the listing name and number. If your doctor has submitted a medical opinion supporting your argument, include the exhibit number here.
- Step Four. Briefly describe the jobs you’ve had within the past five years and explain why you’re unable to return to any of those jobs.
- Step Five. Focus on the limitations you have that prevent you from doing any other type of work, not just the ones you’ve done before. If you’re over the age of 50, explain why you should be found disabled according to the medical-vocational grid rules.
Relevant Medical Evidence
Usually the longest part of your brief, the medical evidence section should summarize several years (and likely hundreds of pages) of your medical records into a few paragraphs that tell the ALJ the most crucial information about your health and medical history.
Deciding which information to include can be difficult. You should prioritize favorable medical opinions from your regular doctors; objective tests, lab results, and imaging (like MRIs, X-rays, or CT scans); and surgical procedures or hospitalizations. You might also want to include starting a new type of medication—especially if it causes significant side effects—or seeing a specialist such as a neurologist or a cardiologist.
Don’t spend too much time mentioning routine doctor’s visits that don’t provide any new insight into your condition. While these notes demonstrate your need for ongoing medical care, individually they tend to provide only minimal information (such as “established patient presents for fibromyalgia”).
Conclusion
In a few sentences, briefly sum up the main points of your argument and the supporting evidence. Thank the judge for their time and sign your name.
Sample Prehearing Brief PDF
You can click the thumbnail below for an example of what an ALJ expects to see in a prehearing brief from a disability applicant.
Keep in mind that your brief may vary significantly from this example depending on what your medical conditions are and the specific facts of your case. Somebody with a mental health disorder, for example, will likely spend less time focusing on an MRI and more time discussing counseling, mental status evaluations, and medication management for their symptoms.
Frequently Asked Questions (FAQ)
Below are some frequently asked questions (FAQ) people often have about prehearing briefs.
How Long Is Too Long For My Prehearing Brief?
Anything over three pages is getting into “too lengthy” territory and reduces the chances that the judge will meaningfully read your brief. Provided that you aren’t leaving out any key information, shorter is sweeter when it comes to writing the prehearing brief.
When Should I Submit the Prehearing Brief?
About a week before your hearing is the ideal time to submit your brief. At that point all your medical records should be submitted to the judge and you can refer to these records when writing your letter.
What Happens If I Don’t Submit a Brief?
Nothing. There are no penalties if you don’t submit a brief, and it won’t have a direct effect on the ALJ’s decision. But even though it’s not mandatory, you shouldn’t pass on this important opportunity to address the judge and streamline the medical records.
Consider Contacting a Disability Attorney for Help
You may want help writing a prehearing brief. An experienced disability attorney will usually understand best how to craft the most convincing prehearing brief for the ALJ in your case, and also how to develop your medical record ahead of the hearing. Disability attorneys work on contingency—meaning they get paid only if you win—and many offer free consultations, so it doesn’t hurt to ask around to find a lawyer you like.