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Social Security Hearings

If after you have filed for reconsideration and have been denied, then you may file for a hearing before an administrative law judge (often referred to as the ALJ).  The ALJ is someone who has previously played no role in deciding whether you're disabled, so in effect, you get a fresh shot at presenting your disability claim.  Also, the ALJ is given the authority to decide on his own whether or not you are truly disabled.

You have 60 days to request a hearing once you've been notified that your claim was previously denied.  It usually only takes a couple of weeks to receive a notice of the time and place of the hearing, and according to the rules, the hearing should take place within 75 miles of where you live.

About The Social Security Disability Hearing

Although your job at the hearing is to prove that you are disabled, there will be no defense attorney or other government worker at the hearing who will try to prove that you're not disabled.  For that reason, the hearing is considered non-adversarial.  However, that does not mean that you don't need an attorney.  Clearly, a claimant who has an attorney representative stands a much better chance of winning his or her case than a claimant who tries to prove the case alone.  You'll learn more about how an attorney can help you win your case in the next article.

The hearing typically lasts about one hour and often, you will know at the end of the hearing whether or not the judge will rule in your favor.  Your attorney will certainly be able to help you understand the many different things that are discussed between the judge and the other professionals in attendance.

Who Will Be Present At The Social Security Disability Hearing?

There may be several persons in attendance at the hearing. In addition to the Administrative Law Judge, there may also be a vocational expert present to help the judge know what kinds of jobs you're able to perform.  There may also be a medical expert present. 

Although it is not required that you (the claimant) be at the hearing, it is certainly wise to attend.  Not only are you more likely to win your case if you actually go to the hearing, but it's also likely that the judge will want to ask you questions about your case while you are present.

Lastly, your attorney should be there with you, to talk on your behalf, to help you know how to answer certain questions truthfully in such a way that it will increase your chances of winning. Your attorney will also be able to point out facts and situations to the judge that are often buried in the mass of paperwork that usually goes along with a Social Security disability file.

If you're scheduled for a Social Security hearing, or if you've been denied benefits and need to request a hearing before an administrative law judge, then it's important to talk to a lawyer as soon as possible.  There are three ways to contact us:

  1. Call us toll-free at 1-800-966-5649

  2. Use the contact us form on the right side of this page to ask a question

  3. Complete the Free Case Evaluation form and an attorney will review your claim and get back to you right away.

 

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