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What To Do To Prepare For Your SSDI Hearing
Because of serious backlogs in the SSDI system, it takes an average of 491 days for claims to be reviewed by an administrative law judge (ALJ). Claimants who reach this level, after two previous denials have a good chance of receiving a favorable decision. This article will help you gain clarity about the SSDI hearing process, and offer you tips on how to prepare for the hearing and what to expect.
After The Hearing Is Scheduled
Once you receive a hearing date, it's important to determine the location of the hearing office. It sounds like simple advice, but some people don't take the time to learn where and when the hearing will be held until it's too late. Judges are on a tight schedule. If you're even 10 minutes late for your SSDI hearing, the ALJ may reschedule. If possible, even drive to the hearing office at a similar time of day to familiarize yourself with the route and traffic conditions.
It's crucial to be aware of what's in your SSDI file. If you have a representative, this may not be important, but if you don't have representation, the story changes. Without representation, you must be aware of what your case file contains so you can see recorded information about your medical and work history and other information. You must bring updated medical records to the hearing office. Because a hearing may not take place for two or more years after the initial claim, and the SSA stops gathering medical evidence during this time, a claimant may appear at a hearing with outdated medical records. Begin gathering medical record updates as soon as you receive a hearing date.
Attending the Hearing
You are not required to attend the hearing, but it may be in your best interest to do so. If you work with an SSDI representative, he or she often will work with the ALJ to have your case reviewed and awarded "on-the-record" without an in-person hearing. If you can't make it to the hearing for a reason such as a death in the family, serious illness, inclement weather or unavailability of a key witness, the ALJ can reschedule.
Family members can accompany you to the hearing site for support, but the judge may not allow them in the hearing room. Witnesses, however, are allowed to help justify the validity of your claim. While spouses or family members sometimes count as witnesses, this usually isn't the case. Witnesses typically are those people you may have worked with who can attest to your disability.
What to Expect
Expect to be in a room with the ALJ, the hearing assistant who records the proceedings, any witnesses, and, if you have one, your SSDI representative. The ALJ also may invite medical or vocational experts to attend and offer their opinions. The medical expert is a doctor who will review your medical records and give opinions about the testimony. The vocational expert will respond to hypothetical questions from the judge about any limitations related to your ability to work.
The judge will probably ask you questions about your disability, pain level, and how your disability affects your day-to-day life. They usually will not ask you technical medical questions because this information is in your file. When answering questions, don't simply explain your medical condition. Instead, thoroughly describe how the condition affects your life. For example, tell the judge if you are unable to sit, stand, walk, concentrate or lift heavy items. Accurately state your disability, but don't exaggerate.
You may not receive a decision from the ALJ for 60 to 90 days after the hearing. Many claimants are awarded at this level, but if your claim is denied, you still can appeal the decision to the Appeals Council.
Author Resource:-
Jim Allsup writes for Allsup, a provider of SSDI and Medicare services, including Social Security Disability Insurance representation and help with the SSDI claims process.
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