Skip to main content

WHAT CAN A LAWYER DO FOR ME AT MY DISABILITY HEARING

If you try to attend a disability hearing without representation, the judge's attitude is going to be:  "Go find someone who speaks my language and come back for your hearing."  In other words, Go get a lawyer and come back in a few months.

Judges want you to have a lawyer at the hearing for several reasons:  it makes the hearing go smoother and faster.  It helps the judge to know that your rights are protected.  It relieves the judge from explaining every unusual term used in the hearing, and it allows the judge to discuss the case and any settlement with someone who understands the proposal. 

Here are some of the things your attorney will do for you in a disability hearing.

 1.    Protect your best interests:  Get the earliest onset date possible for the most back pay.

2.    Help get your past work properly classified.

3.    Ask the judge to consider grid rules or Medical-Vocational Rules.

4.    Help prepare your testimony and how to present it effectively.

5.    Keep you out of traps and pitfalls that often await claimants.

5.    Make you aware of the critical points that must be proven.

6.    Help obtain additional evidence to prove disability.

7    Question the government's expert witnesses.

8.    Advise you, the claimant, on proposals or offers the judge may make:  for example, "I'm not willing to pay this claim starting September 2021, but I will consider starting payments on 3/1/2022."

A study by the Government Accountability Office finds that claimants who use a lawyer are 3 times more likely to be approved than those who are not represented.

- - - - - - - - - - -

The Forsythe Firm in Huntsville has successfully represented thousands of claimants in hearings before administrative law judges.  Get a free consultation and we will never charge a fee unless you win + receive back pay.  (256) 799-0297

______

_______client, for what to expect--and help you prepare your testimony.

5.    Submit written and oral arguments to the judge explaining why the law allows your case to be paid.

6.    Help answer tough technical questions the judge may have.

7.    Cross examines, proffers or "deals" the judge proposes during the hearing.  For example:  "I am not willing to pay this case back to 8/1/19, but I will consider paying the case as of 01/01/2020." 

I believe it is always to your advantage to have professional counsel present at a Social Security disability hearing.  


 

Comments

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

  By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed.  It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions:  Following your hearing, the Administrative Law Judge (ALJ) r...

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing:  Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months.  Who decides if you are able to work?  The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process.  It's important to understand these 5 sequential steps. STEP 1:  The work Test .  Is the claimant now engaged in Substantial Gainful Activity (SGA)?  If yes, the claim is denied at Step 1.  They look no further.  You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition.  (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2.  The Medical Requirem...