How to Win a Social Security Disability Hearing

It is very common for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) applications to be rejected at the initial application as well as the reconsideration stage. Most approvals come at the Social Security Disability hearing, with at least half of applicants approved after appearing in front of an Administrative Law Judge (ALJ).

That does not mean it is easy to get approved at your hearing. If you have scheduled a hearing in front of an ALJ, you need to put in the effort – or hire an experienced disability attorney – to prepare all the necessary information for the disability judge.

In this article, we will discuss some further steps to improve your chances of winning a social security disability hearing.

What is a Social Security Disability Hearing Like?

It’s been a long process of applying for – and getting rejected for – disability benefits. It’s frustrating, stressful, and difficult. Now that you’re about to appear in front of an ALJ, this may feel like your last chance for success. It’s completely normal to feel anxious, but demystifying the process can help put you at ease.

The hearing office is a serious business, but it is not a court hearing. You will most likely be in a conference room. There may be a couple other people in the room besides the judge, as well as audio recording equipment.

This is not an “adversarial” hearing. There will be no lawyer present who will cross-examine you or try to prove that you are not disabled. Instead, you should expect the judge to ask you questions about your case and medical documentation to see if you meet the criteria for disability benefits. It should feel casual but serious.

Most hearings last about an hour, although it could go longer if more people testify. Your lawyer may advise you to bring a witness to talk about how your disability affects your daily life, or the judge may have a vocational expert to help everyone understand what job opportunities may or may not be available to you.

You will rarely know the judge’s decision before you leave the building. Most often, you’ll hear back within 60 days of your disability hearing.

RELATED: How Long Does It Take to Get Social Security Disability?

Disability Hearing Preparation is Key

The Social Security Administration’s (SSA) hearing office must give you at least 75 days of notice before your disability hearing. This is meant to give you ample time to gather any new medical evidence and prepare. Here are some steps you should take prior to your hearing.

Hire a Disability Lawyer

Surveys have shown that applicants who have a disability attorney help with their appeal hearing are twice as likely to be successful at winning Social Security Disability benefits, compared to those who choose to represent themselves.

Contact a disability lawyer as soon as possible, if you have not already done so. The sooner you contact one, the more time they have to work on finding compelling evidence for your disability claim. Their extensive knowledge of the judge’s decision-making process also can help you present your medical records in more persuasive ways to meet the SSA’s criteria for disability benefits.

Often a big concern is how much disability lawyers cost. But if you don’t win benefits, then you don’t pay anything. If you do win, your fees are taken out of your past-due benefits (not out-of-pocket), and attorney’s fees are capped at a certain amount.

Gather and Submit Any New Medical Records

The judge will want to see that you are keeping up with the medical treatment necessary for your disability. You should continue your treatment during the appeals process and submit your most up-to-date treatment records to the judge as evidence.

Submit a Pre-Hearing Brief

Before the hearing process, you should create a summary of how your medical condition fits the criteria for disability benefits. Include the onset date of your disability, important details of your symptoms and conditions, and how your disability prevents you from working. This summary typically should be two to three pages long.

Familiarize Yourself with Your Disability Case Details

Memorizing the important facts of your case, if you are able, can help you answer questions from the ALJ in a more confident manner. Remembering exact dates is helpful, but the month and year can be sufficient. Otherwise, you can prepare a sheet with quick facts to help you remember the important dates and events of your disability and work history.

It can also be very helpful to look up typical judge’s questions and practice answering them ahead of time. Then you won’t feel like the judge is putting you on the spot while you’re in the SSDI hearing.

RELATED: Can You Get Social Security Disability in Oklahoma for a Mental Illness?

During the Disability Hearing

Most of the work is in the preparation for the hearing, but the impressions you make on the day of the hearing are also important.

Dress Well

You don’t necessarily need to dress up, but you do need to dress well. You should be clean, well-groomed, and feel comfortable in your clothes.

Arrive Early

Plan to arrive early so that unexpected traffic or construction do not cause you to be late. You may even want to do a practice run ahead of time so you already know where to park and what door to enter.

Keep Your Cell Phone Off

It is disrespectful to have your phone disrupt the hearing, and even while waiting for your hearing appointment you should be careful about talking about your case. Assume everyone in the building is a Social Security employee, and if they get the wrong opinion it may influence your hearing decision.

Be Respectful

The Administrative Law Judge may not be wearing formal robes, but they still deserve to be called “Your Honor” and treated with respect.

While you may be very frustrated with the SSDI process, the rejections, and the hardship you’ve endured, remember that it is not the judge’s fault. In fact, everyone the judge sees is at the same step of the process that you are. The judge understands that it is not easy.

To that end, do not argue with the judge or raise your voice. Maintain a calm, controlled demeanor when answering their questions.

Answer Questions Without Giving Extra Information

Since the SSDI hearing is less than an hour long, you need to directly answer the judge’s questions without getting distracted or volunteering extra information. A lawyer can help you practice giving the right details without giving unnecessary information.

The judge might use legal or medical jargon that you do not understand. If this happens, it’s okay to ask them to clarify the question or use simpler words, rather than try to give them the answer you think they are looking for.

Things to Avoid

You should never say anything that makes it sound like your disability is not that bad, and you should never say that you could probably work. These are both things that could easily disqualify you from the disability benefits program.

RELATED: What Are Your Chances of Winning Your Social Security Disability Appeal?

Call The Wolf Pack™ for Help with Your Disability Hearing

Our lawyers know how frustrating it is to repeatedly be denied SSDI benefits, and we know how much is at stake for winning benefits through the appeals council. We care, and we can help.

We understand how to create persuasive supporting documentation and objective evidence, and help you present detailed answers for your ALJ hearing. Tell us any concerns you have so that we can relieve your anxiety about the process. We can help you prepare for questions from the ALJ, a vocational expert, or a medical expert that you might encounter at your hearing.

For a free consultation about the details of your case, please contact us immediately so we can get started. You can either call us or fill out our online contact form. When it comes to the disability application and appeals process, timing is crucial and we should get started as soon as possible on building a compelling case for your condition.

References

Survey Statistics: Is a Social Security Disability Lawyer Worth It? Martindale-Nolo Research. Retrieved from https://www.disabilitysecrets.com/resources/survey-statistics-is-social-security-disability-lawyer-worth-it.html

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.