The Social Security Administration (SSA) regularly denies applications for disability benefits. As discouraging as this can be, your situation is far from hopeless. You have options, one of which is filing an appeal which includes requesting a hearing before an administrative law judge (ALJ). If handled correctly, your chances of success at this stage are quite good. Your best option, however, is to work with an experienced disability lawyer who can make sure that you get the benefits you need.
People sometimes focus too much on the fact that the hearing will be presided over by a judge and imagine a courtroom drama similar to what you might see on television. Other people assume that the hearing will be an informal meeting where you can sit down to discuss your case and explain why you really need your disability benefits.
The truth is somewhere in between. There will be no jury and the hearing will not be in a courtroom. The hearing will most likely be held in a nondescript conference room and the ALJ may not even be wearing a robe.
That said, the proceedings will be recorded in some way and transcribed. The ALJ will receive evidence and hear testimony from witnesses, including medical experts who will testify as to the extent of your disability.
The hearing may be your best chance to receive the benefits you need and you should therefore take it very seriously. It is vital that you be prepared, focused, and organized. You are not required to be represented by an attorney, but an experienced Social Security disability lawyer can handle all of the heavy lifting so that the hearing can proceed as smoothly as possible.
The ALJ will ask questions, most of which will focus on your disability. There is no script that the ALJ must follow – some judges will ask more questions than others. It is also important to understand that the ALJ isn’t trying to prove that you aren’t disabled. They are trying to develop the record and want to hear about your disability in your own words. Here are some examples of some of the questions they may ask:
Do you need help with basic activities in your daily life such as cleaning, shopping, or cooking?
Are you in pain?
What medications are you taking?
Do you need to rest throughout the day?
An experienced Social Security disability lawyer will be able to anticipate the questions they will ask and make sure that you are fully prepared to answer any questions the ALJ may ask.
The ALJ may inform you of their decision at the conclusion of the hearing or may take some time to consider the evidence and render a decision. If the judge does not decide your case right away, you may need to wait three to four weeks to receive a written decision in the mail.
If your application for Social Security disability benefits has been denied, you need to take immediate action in order to protect your rights. ALJ Decisions can get your appeal filed and represent you at the hearing. To discuss your case and how we can help, contact us today to schedule a free consultation.