YOUR DISABILITY HEARING: IT'S NOT WHAT YOU THINK IT WILL BE.

When Social Security denies your disability, you eventually go before a judge for a hearing.  These hearings are often nerve-wracking and  usually not what the claimants expects.  

 Here are some things you need to know about a disability appeal hearing:

1.  They are legal proceedings with a judge in charge.

2.  The purpose of the hearing is to establish certain facts.

3.  Hearings are controlled by 20 CFR 404, Parts 1-99.  The regulatory law controls what happens at the hearing.

4.  The judge cannot issue a decision that is not supported in the law.

5.  There will be a five-step process used to determine whether or not you are disabled "under Social Security rules."

6.  Social Security's rules about disability are different than everyone else's, and they are tougher than anyone else's rules.

7.  Your doctor cannot say whether or not you are able to work and whether or not you are disabled.  The law doesn't allow doctors to make this determination.

8.  The judge's decision will be based on objective FACT--primary on what is contained in your medical records.

9.  Emotional pleas or explanations about why you can't work, or why you really need benefits, will not help your case.  In fact, this may hurt the case.

10.  Only a small percentage of hearings are won without using an attorney.  A claimant is 3 times more likely to win at the hearing level with an attorney than without one.

11.  Most judges will recommend that you get representation and come back for your hearing later.  This can delay your hearing by 3 to 6 months.  It's better to bring your attorney with you to the hearing in the first place and be prepared to proceed.

5 STEPS SOCIAL SECURITY USES TO DECIDE IF YOU ARE DISABLED

When you file a new application for disability benefits, Social Security will use a five-step sequential process to decide if you are eligible for payments.

1. Social Security will determine whether you are now working at "Substantial Gainful Activity" (SGA) - which is defined in 2021 as earning wages of at least $1,310 per month, gross. If you are, you are not entitled to a disability benefit.

2. Do you have a severe, medically determinable impairment? This impairment must have lasted for at least 12 continuous months, be expected to last for at least 12 straight months, OR to end in death.

3. Social Security will determine if you meet a listing in their Blue Book. These listings are very difficult to meet, so most claimants will not meet a listing. You may still get benefits, however.

4. In Step 4, they must determine whether you can perform any of your Past Relevant Work (PRW) -- defined as any job you performed in the past 15 years--and performed it long enough to do the job satisfactorily. They also only count jobs where you earned "Substantial Gainful Activity" wages for the years involved.

5. In the final Step, Social Security will decide whether you are able to perform any other work which exists in the US economy. This is the step that disqualifies most claimants. Even if you are not able to perform any past work, they may find that you can perform other "less demanding" jobs. This step works against younger individuals who are under age 50. If you are under age 50, you cannot meet a Medical-Vocational Guideline or " grid rule" which directs a finding of disability based on a combination of your age, education, skills, residual functional capacity and past work experience.

You maycorrectly gather that Social Security disability is a rather technical, complicated matter that doesn't involve much luck. It uses a strict formula.

In the initial application process, only about 25 percent of claimants are approved. The first stage of appeals is called "Reconsideration," and the approval rate there is even more dismal. Your best chance will be at a Hearing level appeal before an Administrative Law Judge or ALJ. Claimants who are represented by an attorney are 3 times more likely to win at the Hearing level, compared to claimants who are not represented. And most claimants only get ONE HEARING.

Using an attorney or advocate who understands how to use medical evidence, vocational factors, skill levels, grid rules, and listings is crucial to success. There is a good reason why a large legal specialty has grown up around Social Security cases. The reason is: these lawyers get results for their disabled clients.

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The Forsythe Firm Huntsville, AL 35806

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