HOW TO TELL IF YOUR DISABILITY HEARING WENT WELL

 

Since most Social Security disability claims are WON at the hearing level, it pays to take the hearing seriously and prepare well. You only get one hearing.

At the end of the hearing, which lasts about 45 minutes, you are wondering, "How did I do? Did that go well? Did I win?"

Sometimes, judges will simply announce their decision at the end of the hearing, which is called a bench decision.

But more often, judges will leave you dangling with something like, "Thank you for coming in today, and I will get my decision in the mail as soon as possible." Expect it to take between 3 and 8 weeks to get that Notice of Decision in the mail. You can't call anyone to get an early answer.

Can you tell if you had a winning hearing and will be awarded benefits? That's tough and there's no sure way to know if the judge doesn't tell you. But there are some very good indicators that you may have won or been approved:

1. It is stated by a medical expert that you meet or equal a certain Listing level impairment, which means that approval should be automatic. (There isn't a medical expert at every hearing).
2. In response to the judge's hypothetical questions, the vocational witness stated that you cannot perform any of your past work and that there are no other jobs in the national economy that you could perform. Note: Most judges ask several hypothetical questions, and very often the vocational expert's answers are a mixed bag. To question 1, there is no work. To question 2, there is no work. But to question 3, the expert finds examples of 3 jobs that you could perform. Now, you don't know which answer the judge will use to form the decision.

What can you do following the hearing? Not much. Continue to follow medical treatment. Don't drive yourself crazy checking the mailbox every day. Your attorney/representative will probably contact you about your decision before the letter comes in the mail because the attorney gets advance notice of the decision (about 5 days before you get it).

Remember, most claims are won at the hearing level, not before. Take every precaution to have a good hearing and put forth your best evidence. This probably means appointing a lawyer or qualified disability advocate to help you prepare and to attend the hearing with you. There are studies that show you are 3 times more likely to win if you are represented. That is significant!

 

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