We Can Represent You At Your Social Security Disability Hearing
The Social Security Disability (SSD) or Supplemental Security Income (SSI) process starts out fairly straightforward, with an initial application, but from there it gets complicated. Denials are extremely common at this stage. If your reconsideration was denied, you may need to pursue a hearing before an Administrative Law Judge (ALJ).
The ALJ hearing is an all-important opportunity for you to overcome an adverse decision and avoid further delays. If you don’t have a lawyer already, now is the time to get one. It’s all the more important at this critical stage in the process.
What Is A Social Security Hearing?
A Social Security hearing is a legal proceeding where an Administrative Law Judge (ALJ) reviews your case after your Social Security Disability claim has been denied both at the initial level and after the first appeal, known as a Reconsideration. A hearing permits you to present your case directly to the ALJ, who has the power to approve your claim.
How Do You Request A Hearing With An Administrative Law Judge?
Once you have been notified that your claim was denied after Reconsideration, you can request a hearing with an ALJ by:
- Filing the request online through the Social Security Administration’s website
- Submitting Form HA-501 (Request for Hearing by an Administrative Law Judge) by mail or in person at your local SSA office
- Via your attorney, after you complete SSA-1696, notify the SSA that you have retained legal guidance
You typically have 60 days from the day that you receive your reconsideration denial notice in the mail to make the request, or you lose your right to file the appeal.
What Should You Expect In A Social Security Hearing?
Social Security hearings can be conducted either via video conference calls or in person. The ALJ will preside directly over the case and ask you questions about your disabilities, work history, education and training. The ALJ will also ask you questions about how your disabilities limit your daily activities.
In addition, a vocational expert (VE) may provide testimony on behalf of the government regarding your ability to perform past work or other types of employment, while a medical expert (ME) may offer professional opinions on your condition.
Finally, if you have an attorney or representative, they will present arguments on your behalf to strengthen your claim. This often involves dismantling the flawed arguments presented by the government’s vocational and medical experts.
How Long Does It Take To Receive A Decision From The ALJ After Your Hearing?
Your claim may be fully approved, partially approved or wholly denied, but you will not receive the decision on your claim immediately after the hearing. In general, you can typically expect to receive a decision on your case in writing within two or three months – although this can vary based on the complexity of your case and the ALJ’s workload.
What Does An Attorney Do At An SSD Hearing?
It can be daunting to appear before a judge and make your case. At the Law Offices of Daniel Berger, our lawyers can represent you and make a strong case for you at the hearing. Hiring an attorney who specializes in Social Security Disability cases gives you an advantage at your hearing. The attorney has several things he or she does at the hearing.
Prior to your hearing, you and your attorney prepare and gather the evidence you will need for your SSD hearing. At the time of the hearing, the attorney presents the evidence to the presiding judge in your case. You will be asked to testify to the judge.
Your attorney also asks you questions regarding your case. Answer the questions honestly. Give as much detail as possible. The more the judge knows about your case, the better your argument for receiving SSD benefits. The judge reviews and asks more questions regarding the evidence you provide to the court. Your attorney can ask the appropriate questions to the judge, answer questions about your case and ensure the process is followed in the correct way. Having the right attorney increases your chances of being awarded Social Security disability benefits.
You may have witnesses or other medical professionals at your hearing. The judge asks the witnesses to provide testimony at your hearing. The judge may also have his or her own witnesses or professionals attend your hearing. Your attorney can examine and ask the questions of the witnesses and medical professionals. Your attorney has documents prepared to present to the judge, and these documents can help you in your hearing. Your attorney also issues a closing argument, if needed.
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The main thing you can do to help you at your hearing is to arrive early and make sure you show up on your scheduled date. Remain respectful and courteous to the judge. Your attorney is your coach at your hearing. Follow your attorney’s lead. Your attorney should be prepared before the hearing. He or she will know the details of your case to present it in a favorable light to the judge. Do not try to argue your case with the judge, the attorney does that for you on your behalf. Determining the outcome of your hearing is not a speedy process. Be patient, be prepared and let your attorney be your guide.
Let’s talk about how we can get your case back on track. Contact us through our website or call 718-691-7475 to arrange a free consultation.