Social Security Disability Hearing Process Part 1

By Thomas Greer | June 22, 2015

memphis social security disabilityIf you have filed an application for Social Security Disability benefits and your application was denied, you are actually in good company. More than 60 percent of all initial disability claims are denied. However, all hope is not lost. Your chances of being approved for Social Security disability benefits improves dramatically if you can get in front of an Administrative Law Judge (ALJ). In order to get a hearing you must file a reconsideration request within 60 days of the denial of your application, or you will have to start the entire application process over again.

After you submit your request for a hearing your file will be sent to the local Office of Disability Adjudication Review (ODAR), also referred to as the Hearing Office (HO). Along with the acknowledgement of your request for a hearing you will receive the address of the hearing office and the date and time of your hearing and the name of the ALJ that will hear your case.

Once you have requested a hearing, the decision about whether or not your application for disability benefits is in the hands of the ALJ. They will base their decision on the evidence that you present and the testimony that is heard at the hearing. It is important to note that your chances of getting your request approved by an ALJ improve significantly when you are represented by a Tennessee disability attorney.

You may bring a witness to speak on your behalf, but it is up to the Administrative Law Judge whether or not your witness testimony will be heard or considered. The judge may call expert medical witnesses who can speak about your case.

Tips for improving your chances of getting approved at a disability hearing:

  • Submit your most recent medical records (no more than 60-90 days old)
  • Your lawyer should prepare and submit a brief that outlines and summarizes your case. It should point out how the medical evidence meet the requirements listed in the Social Security’s listing of impairments (the “Blue Book”). If you do not hire an attorney, you will have to prepare this brief yourself.
  • Inform yourself about all of the details of your case and be prepared to answer the judge’s questions about your medical history, what medications you are taking, etc.
  • Offer specific answers to the judge’s questions and be ready to give a clear explanation of your answer if asked.
  • Dress appropriately for a legal proceeding
  • Be as positive and confident as you can.

You only have between 30 and 90 minutes in a hearing before the judge to present your case. Use this time wisely.

In part 2 we will discuss what you can expect at your Social Security disability hearing and what happens next.

At the law firm of Bailey & Greer, PLLC, our focus is helping our clients throughout Memphis, Jackson and West Tennessee navigate the often complex Social Security Disability process. Please contact our firm to learn more about our services.

Posted in Blog, Social Security Disability