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

MEETING SOCIAL SECURITY'S DURATION REQUIREMENT FOR DISABILITY

SSDI, or Social Security Disability Insurance, requires a severe impairment which has lasted for at least 12 straight months, is expected to last at least 12 straight months OR is expected to end in death. This 12 consecutive months requirement is called the "Duration Requirement."  Disabilities with a duration of less than 1 year are not covered under the Social Security Act. You do not have to wait 12 months to file a claim. There is no requirement to wait 12 months to file.  But if your disability has not already last for at least 12 months, the nature of the impairment must be such that is can reasonably be expected to last 12 months or longer OR to end in death.  Short term impairments are not covered. What you will need to document for your medical and/or mental impairment(s):   A claimant will require objective medical proof.  This comes in the form of official medical records from doctors, clinics, hospitals, counselors, therapists and other professiona...

SOCIAL SECURITY BENEFITS FOR DOWNS SYNDROME

Downs Syndrome may qualify for automatic SSI disability in children. A child with Translocation Syndrome or Trisomy 21 will usually be classified as disabled from birth. This type of syndrome affects about 98 percent of the Downs Syndrome population. Social Security will want a diagnosis from a medically acceptable source and they will want certain tests.Once the documentation is presented, an SSI award may be automatic.  Those with Mosaic Down syndrome may qualify, but your child would need more than a diagnosis to be approved. Because [according to SSA] people with Mosaic Down syndrome may not have as many intellectual or physical disabilities as those with other forms of Down syndrome, you’ll need to meet another listing in the Blue Book to qualify. Social Security will consider the complications or manifestations of Downs Syndrome in making a decision. If the claimant is a child (under 18), k eep in mind that SSI is a needs-based program for families with limited resources...

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS.  All unfavorable Social Security decisions must be appealed within 60 days.  ...