BEFORE YOUR HEARING, THESE ARE THINGS YOU MUST KNOW

 When a Social Security disability case is denied, as they almost always are, they need to go before an Administrative Law Judge (ALJ) for a hearing.

It's at the hearing that a claimant gets to explain his disability, answer questions, submit new evidence, and have his/her attorney present arguments in favor of the case.  The hearing is usually the final time that a case is decided.  It is also the best chance for a favorable decision or approval.

But before attending a hearing, there is a lot of work to do.  Here are some things I would always have in order before I attend a hearing:

1.  WHO IS THE JUDGE?  Judges are not the same.  They don't run their hearings the same, their demeanor is not the same and their pay rates are certainly not the same.  Find out who the judge is and you will know how to prepare for the hearing.

2.  IS THE MEDICAL RECORD COMPLETE?  Judges will not make a favorable decision unless the medical record is complete.  After you filed your appeal, you kept seeing your doctors, hopefully.  Social Security doesn't automatically update those doctor's reports.  It's up to the claimant or attorney to keep the record up to date.  Otherwise, you report to a hearing with an incomplete medical record and the judge has two choices:  postpone the hearing to update the medicals, or deny the claim once and for all.

3.  IS THE ALLEGED ONSET DATE VALID?  The "alleged onset date" or AOD is the date the claimant says he/she first became disabled.  It's also the date Social Security will begin paying benefits.  The AOD may not be the same as the application date.  So, are you working with a valid and defensible AOD?  Some things that tell you your AOD is not going to hold up in court are.....  

• You worked after the AOD; therefore, you were not disabled.
  

•  You have no medical records indicating a disability on the AOD
  

•  You have income that may look like you were working, even if you were not: things like vacation pay, insurance payments, withdrawals from your 401(K), etc. You must document the source of these payments and prove that they were not work related wages, salary, commissions or self-employment earnings.  Failure to document these will cost you a lot of back pay.

4.  BE SURE YOUR WORK HISTORY IS UP TO DATE IN THE FILE.

    Social Security must decide whether you can perform any of your past relative work (PRW).  They look back 15 years.  Most claimants don't properly complete the Work History Report (part of the application) - and this hurts them at hearing.  A good lawyer/advocate will look at the work history report in file and make sure it contains a detailed description of all past work.  The vocational witness at the hearing uses this Work History Report as a basis to answer the question, "Can the claimant perform any of her past work?"  Lack of detailed work history is nearly ALWAYS a problem when we get to court.  Correct it before the hearing.

Of course, there are dozens of other pitfalls and traps a claimant may fall into at the hearing.  That's why we advise claimants to NEVER, NEVER, EVER to before a judge without an attorney.  If you don't understand the law, the judge, the witnesses, or the procedures--take someone who does. Take legal representation.

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The Forsythe Firm

Social Security disability representatives

Huntsville, AL

Nashville, TN

(256) 799-0297