After a denial for Social Security disability benefits, you can request a hearing with an administrative law judge. The hearing is not your last chance to get a denial overturned, but it is one of your best chances of doing so. Therefore, it is important that you avoid many of the mistakes that have commonly led to the judges siding with the Social Security Administration. To help you prepare for the hearing, here are some tips to remember.
Hire a Lawyer
Even though you have the right to appear at the hearing without legal representation, you should reconsider your decision to do so. The hearing is a legal procedure. You need someone on your side that not only can help present your case to the judge, but who also understands the rules and regulations that determine who is entitled to receive benefits.
It is possible that the hearing can be avoided altogether if you are working with a lawyer. The lawyer can submit a request to the judge for an off-the-record decision. If granted, your lawyer will write a brief to the court detailing your claim and why the decision by the SSA should be overturned. The judge will review the brief and if he or she agrees with your lawyer, you could win the appeal without having to attend the hearing.
One of the biggest mistakes that a claimant for benefits can make is failing to be thorough about his or her impairment and how it impacts his or her ability to work. The judge does not live or work with you. If you have to attend a hearing, you need to make him or her understand exactly why you are unable to work and why you should receive benefits.
When discussing your injury, provide as many details as possible. For instance, instead of telling the judge that you cannot sit long enough to work, explain what happens if you do sit too long. If you experience pain or numbness that makes it impossible to sit, tell the judge. Tell the judge the measures you have to take to relieve the pain or numbness and how it could impact your ability to work. You want to make it impossible for the judge to deny you have a disability that makes it challenging to work.
Before your hearing, if you have secured a lawyer, he or she will further review your case with you and help you prepare for the experience. Contact a firm like Gieg Law Offices to learn more.Share