In Nebraska and Iowa approximately 65%-70% of initial applications for Social Security disability benefits are denied. When a case is denied, you have the right to appeal, and your case enters a second phase: reconsideration. Reconsideration in a disability case is the process of requesting a review of an initial denial of Social Security disability benefits. The Social Security Administration (SSA) will re-evaluate your claim using the same evidence from the initial application, plus any new evidence you provide, to determine if the original decision was correct; essentially, it's the first step in the appeals process if you disagree with the initial denial. A new SSA employee who was not involved in the first decision will review your case during reconsideration. Unfortunately, the approval rate in the reconsideration phase is dismally low, only about 10% of disability cases are approved during this phase of the appeals process. Most SSDI and SSI cases that are approved are won after a second denial, at a hearing in front of a Social Security Administrative Law Judge (ALJ).
The government’s own statistics show that you are three times more likely to be awarded benefits at your appeal hearing if you have a representative such as a disability attorney and 83% of all claimants have a professional advocate to represent them at their appeal hearing.
Cuddigan Law Attorney Kim Shram offers this insider’s view at what happens after your disability hearing is scheduled.
“An appeal hearing is your absolute best opportunity to tell your story. But to tell your story effectively and with a focus on the right details, it is critically important to be fully prepared for this all-so-important phase in your battle for benefits. At Cuddigan Law, we take getting you ready for your hearing very seriously. Honed by decades of experience, we are local attorneys who take great professional pride in how well we prepare our clients at strategy and prep meetings for one of the most important events of their lives. We will schedule a strategy and prep meeting before your hearing date. We like to meet with our clients, face to face, in the office if it is possible. The meeting generally occurs a month ahead of the hearing date. To refresh your memory, we will review your medical records, the details of your initial application, and any correspondence with the SSA. Then we will go over with you the questions you will likely be asked and provide insights and strategies to effectively communicate your situation.
Leading up to your hearing, it is also critically important that you continue to regularly see your doctor and follow all prescribed treatments. One of the most common reasons for denial is when claimants do not regularly see medical professionals for their disabling conditions, or when they do not follow all prescribed treatments. This kind of denial is often completely avoidable. Up-to-date medical records are key to winning benefits. As you wait for your hearing date, be sure your legal team has all your latest medical records and the results from medical tests such as X-rays, blood tests, MRIs, and so on. Additionally, you must keep us informed of any attempts at working or self-employment including any work in the “gig” economy like driving for Uber, for example.
Prior to your hearing you will receive a packet of information from Social Security. Included in that packet is a form that is called an Acknowledgement of Hearing. This is like an RSVP for your hearing. Be sure to sign and return this form.
If your hearing is in person, it is a good idea to make a test drive to the hearing location before your hearing date, especially if you are unfamiliar with the address. If you are not going to drive yourself to the hearing, line up reliable transportation well in advance of your hearing date.
The SSA says you can choose to have your case heard via a telephone hearing or a video hearing.
For a telephone hearing, all the participants, including your Cuddigan Law attorney, will be on the phone. It is key that your phone is fully charged and that your phone reception is good.
The SSA says that their video hearings are “safe and secure” using Microsoft Teams, a free software platform. You—along with us as your attorneys—can attend your hearing from your home, our office, or any private place using a camera-enabled device. You will need a quiet and private space to participate. and you will need to consent to the video hearing. For a video hearing Social Security says the technical requirements are that you must have access to email and a personal computer, laptop, or fully charged Android/Apple tablet or mobile device with a secure and private, high-speed Wi-Fi or cellular data connection. The device must have a camera, microphone, and speakers. If using a mobile device, you must download the free Microsoft Teams application. It is important that you are familiar with this application and also familiar with your device’s camera. If you are not familiar with how to use this application, then a video hearing is not a reasonable hearing option for you.
We do not want to postpone your hearing unless it is absolutely necessary, because we will have to wait for months before we can get on the hearing calendar again. And, if you miss your hearing and don’t have a very good reason for doing so, the Administrative Law Judge overseeing your case may deny your disability benefits. It is critically important that you show up and are on time. In fact, please arrive at the hearing location half an hour ahead of time. In that half hour before the hearing, we’ll walk through our case one final time as a refresher and to answer any last-minute questions you may have.”
The Bottom Line
Here are the two most important things you need to know about your Social Security disability appeal hearing: One, it is your best opportunity to present your case for benefits and two, for that reason, thorough preparation is critically important. At Cuddigan Law, we carefully prepare you for your hearing, so together we can present the very best case for why you deserve the benefits you have rightfully earned.
If you are disabled, unable to work and are considering applying for Social Security disability or have been turned down for benefits, contact us for a free evaluation of your situation.
On this website next month in Part 2 of “Your Social Security Disability Hearing Is Scheduled – Now What?” we will explain in detail what to expect at your disability appeal hearing. It is a must read for anyone who is applying for disability benefits and especially for those who have a scheduled hearing date.
