As anyone who has applied for Social Security Disability Insurance (SSDI) benefits will tell you, getting approved can be quite difficult. According to the Social Security Administration’s statistics, only about one in five initial claims are approved. If your initial claim is denied you have the legal right to present your case at a hearing in front of a Social Security Administrative Law Judge and you have the right to have an attorney to advocate for you at the hearing.
The success rate for winning benefits is much higher at the hearing level; 54% of disability cases are won at the hearing level. (And you have a much better chance of success if you have skilled representation. A Government Accounting Office study found that if a claimant had a representative, such as an attorney, at their hearing they were three times more likely to be allowed benefits than someone who had no representation at all.) Without a doubt, the hearing is the most important part of your disability claim and persistence through the hearing level significantly improves the likelihood of a favorable decision
Many people are surprised to learn that a hearing to determine whether they will be awarded Social Security benefits for their disability is typically short (usually in the range of 15 minutes to an hour) and somewhat informal. The hearing will be held in a conference room, not a courtroom or courthouse. Your case will be decided by a Social Security Administrative Law Judge.
Disability hearings are not held in open court where anyone can attend. Usually, you, your attorney, the Administrative Law Judge, a court stenographer, and sometimes a medical expert will be the only people in attendance. Others can attend and even give testimony, but only with your permission. (For more on what to expect at your hearing read this blog post.)
You may want to take a witness with you such as a caregiver or former employer, if they can bolster your claim. To be effective, these witnesses must be able to testify how your impairment affects your daily activities and, most importantly, your ability to work.
If you have mental health issues or are prone to anxiety, you may want to take someone along for support and to help you through your testimony. Don’t bring anyone who will be disruptive or distracting, such as a child.
The road to Social Security disability benefits is long and difficult to navigate. When you reach the hearing level, your chances of getting your claim approved are at their highest. There are three main reasons why you need a lawyer for your Social Security disability case:
- Your lawyer will help collect the right evidence to support your case and get it to Social Security in a timely manner.
- Your lawyer can help you understand the paperwork involved and the questions the government is going to ask you.
- At your hearing your Cuddigan Law attorney will be there right beside you to fight for your rights and to explain your situation in a way that the judge will understand.
For a free evaluation of your Social Security disability case contact us at Cuddigan Law. If you chose to hire us, we only get paid when you win your case.
