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Social Security Disability Hearings: How An Attorney Can Help Your Claim

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Author: Mark Dacanay


Every year, thousands of people go through disability applications without representation and find their applications denied. They then face the dilemma of finding out what to do next; should they give up or should they appeal?

Of the thousands of people who goes through hearing without legal help, 99% does not have the capacity to prepare their own claim. This is the reason why a lot of first time applications are usually denied.

This is the point where the disability hearing attorneys are going to be of big help. They can help you prepare a winning case for your disability case.

Understanding Social Security Disability hearings

An application for social security Disability (SSD) or social security income (SSI) usually goes through three levels unless it gets approved either on the first or the second level.

On the first level, a disability examiner will examine the claim and will decide whether to approve or deny the claim.

In case the claim is denied, the claimant can go to the second level where he can file for request for consideration.

If the claim is again denied, the claimant can then request for her case to be heard before an administrative law judge (ALJ.).

Most of the time, claims are always denied on the first and second level. One reason for this is that the claimants choose to go at it alone and not get legal help from a disability attorney to avoid extra fees.

The best chance they get is when they get a hearing with an ALJ for their claim and even then the chances may be small without a disability hearing attorney.

ALJ hearings are frequently short. Rarely does it last more than an hour. It is held inside hearing offices which is different from a courtroom.

The only people allowed inside are the administrative law judge, the claimant and the claimant's disability hearing attorney. Medical experts chosen by the judge could also be present during the hearing.

How does a disability hearing attorney help you

Before the hearing, your attorney will review then submit your updated medical record and other forms of evidence that he/she gathered on your behalf. If updated medical records cannot be submitted, your attorney should be able to inform the ALJ that the medical evidence is outstanding.

Before the hearing, your disability hearing attorney will also brief you on what to expect on the hearing. He/she will inform you about the proceedings, the probable questions that may be asked and your goal for the hearing.

At the beginning of the hearing, your disability hearing attorney will discuss with the ALJ the nature of the case and any procedural issues.

Your disability hearing attorney will also be able to cross examine the experts that will be called by the ALJ and can place their testimonies in your favor.

Lastly, your disability hearing attorney would be able to know and follow up the result of your claim after the hearing. It usually takes 2-6 weeks before a decision is released and then 2-12 weeks from that date will be the start of your benefits. Ask your disability attorney as well to compute your benefits to ensure that you are getting a fair amount.


About the author: To help you deal with disability hearing issues, consult with our skilled disability hearing attorneys. Visit our website at http://www.socialsecuritylawattorney.com/ and call us toll free for legal assistance.


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