The Social Security disability hearing is the third level of application for those pursuing disability claims.
This is also the level where they have the best chance of getting their disability claims approved. The success rate of disability claims in disability hearings is attributed to the presence of legal representation of the claimants.
Most people applying for disability claims are not equipped to prepare a decent, much less a winning disability claim. This often results to denial of applications in the first two levels (which is the initial and reconsideration level).
However, most disability claimants hire legal help for the Social Security disability hearings and that is when they bolster their chances to succeed.
A Social Security disability hearing, despite its name, is less formal than court hearings. It is presided over by an Administrative Law Judge or ALJ and it takes place in an office instead of a court room.
A disability hearing does not usually take long. The hearing usually goes on at about thirty minutes and does not usually last for more than hour.
For most people that is not a lot of time, but for disability applicants that could very well break or make their lives.
A disability hearing is their best chance and is probably the most important part of the disability application process. If an application is denied after this, even though an applicant can appeal, the chances of getting approved becomes very, very slim.
The first step that a disability claimant must do is to admit that he/she needs legal help. Going at it alone on the first two levels just resulted to a denial of their claim.
Social Security disability hearings are too important to undertake without proper legal assistance. To prepare a winning case, a good disability attorney will be their best asset.
Here is how a usual disability hearing goes and how an attorney helps the claimant on each step:
Even before the disability hearing, the attorney should already be helping the claimant in preparing a winning case. The disability attorney will submit the claimants updated medical records and other opinion evidences that he/she came up with in the claimants behalf.
If the updated medical records cannot be submitted, the disability attorney can inform the ALJ that the medical evidence is outstanding.
The disability attorney will also brief the claimant on what to expect on the hearing. He/she should describe to the claimant how the hearing will unfold, the questions that will be asked, and what they are trying to prove.
During the hearing, the disability attorney will discuss the nature of the case and any issues about the procedures with the ALJ.
The ALJ or the disability attorney can swear in the claimant. The disability attorney should have been able to prepare the claimant about the questions expected to be asked and how he/she should answer the questions.
The ALJ will now call on vocational and medical experts to testify. The disability attorney should be able to cross-examine these experts to get answers that will favor the claimants case.
The disability attorney may also give a closing argument depending on the case and the ALJ.
Lastly, the disability attorney can also update the claimant on the status of his/her case after the hearing. A written decision usually comes after 2-6 weeks.
That is why it is very important to get legal help from a disability attorney for your social security disability hearing. It could decide whether you will get a stable monthly income or live a life of uncertainty.
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