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.
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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
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_______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.
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