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WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ).

It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?

 

 First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid.

Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequate medical evidence.  You are medically unable to perform any of your past relevant work.  And, you are not able to adjust to easier work and continue working.

You will be asked a lot of questions at your hearing to help decide your eligibility.  Here are some of the types or classifications of questions:

  • Your past work, going back 15 years into the past
  • When you last worked and why you stopped working
  • Your living arrangement
  • Functional restrictions:  How do your impairments limit functioning?
  • Why you cannot perform certain types of work

You will be asked questions by the judge and by your own attorney/representative.  Your lawyer will ask you questions to help the judge understand your claim and what prevents you from working.  Your lawyer knows exactly what it takes to win a claim at the hearing and he/she knows what the judge needs to approve your case.  Having a lawyer of other qualified representative at your hearing doubles your chance of winning, according to a 2017 government study.

There are a few "gotcha" questions that usually come up during a hearing.  I'm going to give just a few examples of "gotcha" questions which, if answered improperly, can cause you to lose your case and your benefits:

  • Why did you stop working back in (date)?
  • Tell me why you believe you can't work.
  • Why couldn't you work at a simple sit-down job?
  • What kind of activities can you do at home?
  • If you aren't able to work, why did you file for unemployment benefits?
  • You say you became disabled on (date) but you earned money after that.
  • Your doctor says you are a heavy drinker.  Is why you can't work?
  • You claim disability after your Date Last Insured.  How can I pay you?
  • It says here you like to fish (or hunt, or work on your house):  If you are able to do that, why aren't you able to work?

You must be prepared to answer questions honestly and effectively.  Since you've never been to a hearing before, you can't be expected to prepare yourself.  That's why an experienced lawyer/representative is so valuable.  Because he/she has attended hundreds of hearings, your representative knows exactly what to expect at a hearing--and how to prepare for it.

 A Social Security disability hearing is unlike anything you've ever experienced.  You won't know what to expect.  Your representative will know how to avoid the traps and present your case in the best way possible.

______________

The Forsythe Firm in Huntsville has represented more than 2,000 Social Security claimants.  If we don't win, you won't pay us a cent.  In fact, if we don't recover past due benefits for you, you won't pay us a cent.  You win or our representation if free.  We handle only Social Security cases.  Free consultations are available at (256) 799-0297.  Call an experienced hometown representative.  (256) 799-0297.

 

 

 

 




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