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HOW IMPORTANT IS A DISABILITY HEARING IN SOCIAL SECURITY CASES?

 

By Charles W. Forsythe (The Forsythe Firm, Huntsville, AL)

In my experience, about 70 percent of Social Security disability approvals are made at the hearing level. So the hearing is extremely important and represents your BEST chance for being paid.

Disability hearings are conducted by Administrative Law Judges (ALJs). They are not court appearances, rather administrative hearings conducted by the Social Security Administration before an impartial judge. Hearings are rather technical in nature and the government nearly always calls a vocational expert to testify. In some cases, Social Security will also call a "medical expert," i.e, a medical doctor to testify.

A typical disability hearing last 45 to 60 minutes. It will include testimony from the claimant, a vocational witness, and possibly others. In basic terms, a hearing gives the claimant and his/her representative an opportunity to explain their disability. The judge will ask a lot of questions. Your lawyer or representative will ask you a lot of questions designed to fully explain your symptoms and why you can't work. After the vocational witness testifies your lawyer or representative may cross examine the expert and possibly repair damage that could have caused your claim to be denied.

According to a lengthy study by the Government Accountability Office (GAO), claimants represented by an experienced advocate/lawyer are 3 times more likely to be approved compared to those why try to represent themselves.

In most cases, you will receive a written notice of the judge's decision within 30 to 40 days. If the decision is favorable payment should arrive within about 40 days from the date of decision. A large sum of past due benefits is likely if your case is handled correctly. My firm recently recovered over $150,000 in "back pay" or past due benefits for one of our Social Security clients. That is a life changing outcome!

I emphasize that most claims are not approved until they reach the hearing level. All unfavorable decisions should be appealed until they reach the hearing level. After any unfavorable decision by the Social Security Administration, you have only 60 days to file a written appeal. Wait longer than 60 days and it is likely to cost you thousands of dollars in benefits and take 1 to 3 years to recover the time you lost.

While you are not required by law to have an attorney/advocate at your hearing, trying to represent yourself in an area of law in which you are not an expert is very risky indeed. A lawyer/advocate cannot charge you a fee until you are approved by Social Security AND recover past due benefits. Any representative's fee must come from your past due payment and must be approved in advance by the Social Security Administration. There are no upfront costs.

It has been my privilege to represent hundreds of Social Security claimants over nearly 25 years of practice. My firm has a very high win ratio and we nearly always recover past due benefits (back pay) on claims that we win. My commitment to you is unwavering personal attention and we will do everything possible to get your disability approved and paid. We will never ask you for money or payments. The consultation is FREE and without cost, obligation or pressure. We treat our clients with respect and dignity. You are the most important person who ever walks into our office.

Call Charles W. Forsythe at The Forsythe Firm in Huntsville, AL. We serve Alabama, Tennessee and other US states and territories. Call us at (256) 799-0297.


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