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:
-
Call us toll-free at 1-800-966-5649
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Use the contact us form on the right side of
this page to ask a question
-
Complete the Free Case Evaluation form and an
attorney will review your claim and get back to you right away.
 
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