The typical claimant will wait about 2 years to get a hearing with a judge regarding a Social Security disability claim.
Here are some mistakes you must avoid to be approved at your hearing:
1. Don't fail to show up. After waiting years for their hearing, some claimants just don't show up. In most cases, the judge will then dismiss the case, leaving the claimant with no options but to file a new application and literally start over. Be certain to show up at your hearing. You are the star witness and you must appear for your hearing. By the way, of all the processes in the system, the hearing gives you the best chance of being awarded benefits.
2. Don't be late. Plan to arrive at least 30 minutes prior to your scheduled hearing date. Your representing attorney may suggest an even earlier arrival time.
3. Don't fail to prepare for your hearing. While hearings are informal, they are still complex and confusing to someone who has never taken part in one. You need to be prepared for testimony involving your past work duties, your medical impairments, functional limitations and daily activities. Your lawyer or representative is best equipped to prepare you for the hearing. His/her work begins months prior to the hearing date by getting the evidence ready. You will meet with your representative a few days in advance of the hearing for your final preparation, which is very important.
4. Don't show up for your hearing unrepresented. Your hearing involves providing legal proof of your disability. The burden is on you to prove that you meet the specific Social Security rules for disability. A US government study shows that you are about 3 times more likely to be approved for benefits if you have a qualified attorney or advocate at the hearing.
5. Don't fail to prepare for the Vocational Expert (VE). Nearly all adult hearings have a vocational expert called by the Social Security Administration to testify. The expert will speak in an almost foreign language: specific vocational preparation (SVP), Exertion Level, Skill Levels, Dictionary of Occupational Titles (DOT) and number of jobs in the national economy by job titles. Many cases are lost due to VE testimony that shows the claimant is still able to perform certain types of work. Only your lawyer/representative is skilled at handling VE testimony.
6. Remember to prepare for testimony by a medical expert (doctor) who may be called to testify about how your disease, injury or impairments affect your ability to perform work-like activities. Not all hearings will have a medical expert present, but some do. Again, your legal representative is the one skilled at handling testimony by doctors.
7. Dress appropriately. That calls for clean, neat clothing. You don't have to wear a suit or fancy dress; however, don't wear a T-shirt, jeans with holes, shorts, pajamas or sweat shirts. I suggest dress pants, nice shirt or blouse--presenting a neat, clean appearance. Show respect for the court.
8. Don't say things that can kill your case. Many claimants answer questions or say things which can lead to a denial--without knowing it. Here are just a few examples (but there are many, many others):
- I might be able to do some kind of work but nobody will hire me.
- There just aren't any jobs in my town or my area.
- I quit working when my factory (or business) closed.
- I got laid off.
- I've been looking for work for a year but can't find a job.
- I filed for disability when my unemployment benefits ran out.
- Nearly everyone in my family is on disability benefits.
- I know people getting disability payments who are healthier than I am.
- I just don't have the education or skills needed to find work.
- I'm not able to drive, so I couldn't get to work even if I had a job.
- I think employers see me as a liability.
Your attorney will advise you (before the hearing) of how to answer questions, how to give specific information and how to avoid the "land mines" present in hearings. Only your lawyer knows exactly what the burden of proof is in your situation--based on your age, education, past work experience and residual functional capacity. He or she will go into the hearing with a plan to meet a Listing, qualify under a grid rule--or go all the way to Step 5, showing that you are not capable of performing substantial gainful activity (SGA). In short, your lawyer knows what it takes to win and, to the extent possible, will prepare to present a winning case before the judge.
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The Forsythe Firm in Huntsville, AL has helped thousands of disabled claimants recover disability benefits over the last 2 decades. You can get a free consultation and will never pay us any money until you win and recover past due benefits. Start with a phone call. (256) 799-0297 or (256) 503-8151.
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