Skip to main content

HOW TO PREPARE FOR YOUR DISABILITY HEARING

After 20 years in disability practice I firmly believe that Social Security hearings are won in preparation for the hearing, not so much in the hearing itself. 

It's important to know how to prepare and what to prepare for. 

I always prepare my clients to discuss the following areas in their hearing with an administrative law judge (ALJ):

  • PERSONAL LIFE.  Your family, where you live, your education, what your daily routines are--and what your life was like before you became disabled.
  • YOUR PAST WORK.  The judge needs to understand your past work--what you did--was it a standing job  or sit-down job, and how much did you lift on each job?  What struggles did each job present physically or mentally that made it difficult for you to keep working? Why did you stop working?
  •  YOUR MEDICAL CONDITIONS (IMPAIRMENTS) - When did each impairment begin?  What symptoms do your conditions present?  How severe is each impairment in terms of pain, mobility, reaching, sitting, standing, handling, bending, remembering, concentrating, etc.?
  • YOUR ACTIVITIES OF DAILY LIVING.  What activities can you no longer perform?  What activities can you perform with help?  What type of help do you need?  Are you restricted in such activities as sitting, walking, bending, reaching, grasping, lifting, remembering, concentrating, or following instructions?  The judge will use these restrictions to estimate what restrictions or difficulty you may experience in the workplace.
In addition to asking you questions that will help the judge understand your situation, I will also be prepared to ask the right questions to the Vocational Expert (VE).  And I will be prepared to make necessary legal arguments on how you meet the government's requirements for benefits.  Do you meet or equal a Listing?  Does a Medical-Vocational Guideline (grid rule) apply?  Did your disability begin prior to your Date Last Insured (DLI)?  I want to make it as easy as possible for the judge to give you a Fully Favorable decision!
 
Having represented claimants at hundreds of hearings has prepared me to offer vigorous representation designed to produce a successful outcome.  The most successful outcome, to me, is maximum back pay, a regular monthly check and the fastest possible Medicare health insurance benefits. 

The Forsythe Firm welcomes the opportunity to join your disability team at any stage -- from the original application to the appeal process.  We're only a free phone call away, from anywhere in Alabama or Tennessee. (256) 799-0297.
 
 

 

Comments

Post a Comment

Popular posts from this blog

IF I CHANGE ATTORNEYS WILL IT DELAY MY DISABILITY CASE?

No.  Getting a new attorney will NOT delay your pending Social Security disability claim or appeal .  Your new attorney "inherits" the case and picks up where the other attorney left off.  There is no re-filing or starting over, so your case is not set back or delayed at all.  Social Security maintains an electronic folder stored in its system.  This folder contains every document ever submitted concerning your claim or appeal.  Your new lawyer may log into your electronic files and see, in real time, all the evidence and other documents in your file. While we do not recommend changing attorneys while your case is pending a decision, it is sometimes necessary.  You may need a new lawyer if your attorney dies, retires or  becomes disabled before your case is settled.  You may choose a new attorney without delaying or causing any set back to your case. If you are considering obtaining a lawyer to handle your Social Security disability case in...
Post a Comment
Read more

URGENT MESSAGE FROM SOCIAL SECURITY'S TOP OFFICIAL - February 18, 2025

There is a lot of talk and speculation about Social Security in the new Trump Administration.  The acting commissioner of Social Security recently resigned and Lee Dudek has been appointed the new Acting Director. Today (2/18/2025) I received a message from the new Acting Commissioner Dudek.  Here is part of Director Dudek's message on Social Security for 2025:   Our continuing priority is paying beneficiaries the right amount at the right time, and providing other critical services people rely on from us. DOGE personnel CANNOT make changes to agency systems, benefit payments, or other information. They only have READ access. DOGE personnel do not have access to data related to a court ordered temporary restraining order, current or future. DOGE personnel must follow the law and if they violate the law they will be referred to the Department of Justice for possible prosecution.                      ...
Post a Comment
Read more

SOCIAL SECURITY DISABILITY APPLICATION PROCESS

  Here is a brief overview of what takes place after you file your Social Security disability application : Application confirmation  – Social Security will mail you a copy of your application to sign. You will have an opportunity to review the application, correct any errors, and send it back to Social Security for processing. You must return the signed application. Social Security will not process your application until they receive your signed confirmation. And they don't send reminders about this. Function report  – Social Security will mail you a form called a function report . This form will ask questions about your personal care, meals, house and yard work, getting around, shopping, money, hobbies and interests, social activities,  and other abilities. This form will help Social Security determine what you can and cannot do on a daily basis. It must be filled out carefully and fully and returned. Work history report  – Social Security will ma...
Post a Comment
Read more