Key Moment: Your Disability Hearing
After you’re denied again on Reconsideration, you can ask for a hearing with a Social Security Administrative Law Judge (ALJ).
This might be the key moment in your Social Security Disability claim. It’s your only chance to meet someone in person to convince them you should be approved for benefits.
In the end, many more people win disability benefits after hearings than on Reconsideration.
This is what a disability hearing is like:
- Ahead of time, you and your lawyer send new medical evidence and arguments to the judge.
- You meet with your lawyer to prepare how to answer questions from the judge.
- In the hearing are the judge, their assistant, your lawyer and expert witnesses.
- Your lawyer takes care of procedural steps with the judge.
- The judge asks questions of you and the experts.
- You explain how your health problems limit your activities.
- The experts could talk about your health or employment situations.
- Your lawyer cross-examines the experts, if necessary.
- The judge could announce a decision or send it later in the mail.
- Generally, it’s over in less than an hour.
When you give your answers to the judge, you need to be clear, on-point and accurate in your information. Your disability attorney will help you get ready.
It can make a big difference to have a disability lawyer with you at your hearing.
Having a lawyer isn’t required, but one government study found people with representatives like lawyers were almost three times more likely to be approved for benefits after their hearings.
Go in with more confidence. Increase your chances of a better result. There’s no attorney fee until you win benefits. And your first conversation with the Silver & Archibald Social Security Disability lawyers is always free.
Social Security Disability Denied 3 Times. Now What?
Sometimes, the ALJ denies you again.
It doesn’t mean your disability claim is over. In fact, you can take your disability appeal to two more levels:
- The Appeals Council. Social Security has a group called the Appeals Council that reviews decisions by disability judges. When you appeal to them, you’ll argue that the judge made a mistake in denying you. This gets much more technical. An experienced disability lawyer knows how to identify errors by the hearing judge and present that case to the Appeals Council.
- Federal District Court. The Appeals Council could send your case back to the disability judge with instructions for a new decision. Or they could decline to take your case. Or they could uphold the judge’s denial. If you’re denied again, your next step is to sue Social Security in Federal District Court. You likely won’t talk to a judge there. Your federal appeal will be done through paperwork by your attorney. Your main goal is to get the judge to order Social Security to re-do its decision.
It takes a long time to get through all these steps. If you reach federal court, it’s probably been years since you started.
But it can be worth it to stick with your appeal for the long haul because when you’re awarded benefits, you get back pay covering the time you waited. It could be a substantial amount.
The Georgia disability lawyers at Silver & Archibald have helped thousand of people through the Social Security Disability appeals process.
It’s easier when you’ve got someone experienced by your side. Don’t give up, because winning disability benefits can finally increase your stability and sense of peace.
Get to Know Silver & Archibald Disability Attorneys
Legal cases involving your health struggles are highly personal matters. When you’re looking for help, you want someone who treats you with the personal care, respect, and dignity this moment requires.
Answers to Common Questions About Social Security Disability
Social Security Disability is a huge program with a vast set of rules. As a resource for you as you sort out your disability claim, the disability lawyers at Silver & Archibald have prepared answers to some of the most common questions people have.
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