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WORST MISTAKE AT A SOCIAL SECRITY DISABILITY HEARING

 If you ask someone in the hearing office:  "What's the worst thing someone can do at their hearing?" the answer will be:

"Don't show up for the hearing."

In spite of the fact that you may wait 24 months for a hearing, about one-fourth of claimants fail to show for their hearings.

There is only one acceptable excuse for missing a disability hearing:  hospitalization for an emergency.  

The administrative law judge is not required to reschedule your hearing if you don't have an acceptable excuse for the no show.  If the judge dismisses you case, you must start all over with a new application and wait up to 3 years to have a new hearing scheduled.  And you lose your back pay.

 If your date late insured (DLI) expires and you miss your hearing, then you could lose out on all SSD benefits. If you apply again, then you will have to wait another two  or three years to get a  new hearing. Additionally, you will lose out on all of the benefits from your first application.

 It is extremely important not to be late for our hearing.  Plan to arrive 30 minutes early.  Bring valid photo ID, such as your driver's license or military ID.

And be prepared for testimony by a vocational expert and medical expert (doctor or psychologist).  Nearly all hearings will have a vocational expert present and some will have a medical expert.  These experts can kill your claim if you don't know how to handle their testimony.

To present the best case possible before the judge, get an experienced attorney or non-attorney representative.  They will know the law, the process and procedure--and they can handle expert testimony that let's you put your best foot forward at the hearing.

Best of all, your lawyer or representative cannot charge you any fee unless you WIN and also collect past due benefits!

____________________

By Charles W. Forsythe, M.S., at the Forsythe Firm, Huntsville, AL.

Phone (256) 799-0297


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