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.
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