You could be asked to attend a hearing as part of the appeal procedure if your initial claim for Social Security Disability (SSD) payments has been rejected. Television dramas and movies frequently feature courtroom drama, but for those applying for social security disability payments, the administrative hearing should be far less dramatic than what is shown in popular culture.
Lowering anxiety and tension before to the hearing can be helped by having a clear understanding of what happens during a hearing and what the judge will probably ask you. A Social Security Disability lawyer will be at your side throughout the procedure if you have hired one. This blog article examines the specifics of these hearings and what to anticipate. Contact PLBH at (800) 435-7542 if you need assistance.
The Hearing on SSD
You must have your original claim for benefits rejected in order to proceed to a Social Security Disability hearing. Following that, you will normally submit an appeal known as a Request for Reconsideration. Attending a hearing to establish if you are too handicapped to work is the next step if your appeal is also rejected. An administrative law judge (ALJ) will preside over the hearing and be responsible with examining your case to see if you qualify for disability payments in accordance with the law.
You will be sworn in at the commencement of the hearing, at which point the ALJ will begin to grill you with questions. Although each judge is unique, the emphasis of these questions will normally be on your capacity to work and may include inquiries about your prior employment history and educational background.
The ALJ will be attempting to ascertain factors like how physically taxing your previous position was and whether you had to move large things or stand for extended amounts of time. The ALJ will then investigate the medical component of your claim. He or she will discuss your impairment with you and how it affects your capacity to work. The judge will probably also inquire about your everyday management of the symptoms of your medical or psychiatric condition.
Keep in mind that the ALJ is not attempting to catch you off guard or in a “gotcha” situation (like on TV). Simply put, he or she is attempting to determine if your impairment precludes you from engaging in productive employment. You could be questioned by your lawyer to further clarify these points.
A vocational expert will typically testify on your ability to execute your prior employment or any other jobs after you have given your evidence. This judgment will be made after looking through your medical files, employment history, educational background, and hearing evidence. Additionally, your attorney will have the chance to challenge this expert in an effort to shape testimony that is more supportive of your claim.
Typically, the hearing is completed in within an hour. In most circumstances, the ALJ will write a letter with a written ruling instead of making a decision on the spot. After the hearing, this letter can come in anywhere between 30 days and 8 months. The judgement will typically be delivered within 60 to 90 days.
It is important to have an expert on your side
Having an expert Social Security Disability attorney on your side may assist ensure that your documentation is done correctly, increasing the likelihood that your application won’t be rejected if you’re applying for SSD payments. Your attorney will be a crucial asset in making sure the court hears the strongest argument possible on your behalf if you need to appear at a hearing.
PLBH has extensive experience managing all stages of SSD benefit applications. Call (800) 435-7542 or send an email to info@plblaw.com to get more information about how we can assist you or to set up a free first consultation.