HOW TO WIN YOUR DISABILITY HEARING

A hearing is scheduled when you are denied for disability benefits and file an appeal.  The hearing is an opportunity for you and your attorney/advocate to explain to a judge why you meet Social Security's rules to get disability benefits.

A hearing isn't so much about convincing the judge that you are disabled.  It's technically more about laying out the legal argument that you meet Social Security's rules and regulations under the Social Security Act and the 20 Code of Federal Regulations (which govern Social Security payments).

Here are some things to do before your hearing that can help you win your case:

1.  Be sure the medical evidence is up to date.  You should submit records from every doctor, hospital, clinic, psychologist or other medical provider that has treated you--right up to the day of the hearing if possible.  An incomplete record may delay your hearing or cause a denial of benefits.

2.  Understand what your burden of proof is at the hearing.  It is up to you (or your representative) to prove that you meet the criteria for benefits.  If you can't do so, you won't be paid.  The burden is a bit different at different ages.

• UNDER AGE 50 - You generally must prove that you cannot perform you past relevant work (work you have done during the past 15 years) AND that you cannot perform any other work which exists in substantial numbers in the national economy. Claimants under age 50 have the hardest time.

• AGE 50 AND OVER - You may only have to prove that you cannot perform your past work.  At age 55, the burden of proof is still easier for you.  

3.  Get your doctor to help you.  Social Security relies heavily on the opinion of your doctor(s), not just the medical records.  Get one of your treating doctors to complete a "medical source statement" prior to the hearing.  This is a special questionnaire that expresses the limitations you have in the ability to perform specific work-related functions:  walking, standing, lifting, stooping, concentration, persistence, pace, etc.

4.  Consider professional representation by an attorney/advocate who understands the process, the law and the requirements to win a hearing.  It's a legal process and legal help is useful.  Are you allowed to represent yourself?  Yes, of course, just like you are allowed to take out your own appendix--but it's not a good idea.

There are a thousand things you should know to have a successful and profitable Social Security disability hearing.  There isn't time to learn all of them for yourself.  It's much more complicated than going in and telling your story.  

It's my opinion that good representation doesn't cost anything; in fact, I think you are likely to walk away with more money in your pocket by hiring a representative.  Of course I'm biased--but I'm biased because I've attended thousands of hearings and seen what can go wrong. Of course you can always go in by yourself and give it a try--but the risks in doing this are enormous.  Even judges don't recommend it.

A hearing is your absolute best opportunity to win your benefits.  I just finished a hearing where my client won over $50,000 in back pay (lump sum).  Would he have won without me?  There's no way to know but it would have been a huge risk to save a very small fee.