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A Social Security disability hearing, whether for SSDI (Social Security Disability Income) or SSI (Supplemental Security Income), is the claimant's opportunity to present his or her case in person, before an Administrative Law Judge (ALJ). The hearing is the only opportunity a claimant will get in which he or she will be in the presence of a decision-maker involved in the claim for benefits.
It's Not the First Step
A hearing isn't the first step in the process of applying for Social Security disability benefits , of course. A hearing is not necessary if a claimant's application was approved at the initial stages. These stages are:
Don't Get Discouraged
A hearing is the third stage, after an application for Social Security disability benefits is denied at the Reconsideration stage. A claimant should not get discouraged if his or her application was denied at an earlier stage. The Social Security Administration turns down most applications at the initial stages, but more than half of the people who reach the hearing stage are successful. In addition, a claimant's chances of being approved for benefits are greatly increased when he or she has the assistance of a Social Security disability attorney .
At the Hearing
The hearings for Social Security disability benefits are fairly informal. They're held in a normal room in an office building, not a courtroom. No spectators are allowed, and there is no jury. It's much less intimidating than a court hearing. The only people who will be there are the judge, possibly a staffperson to record the hearing, the claimant, and anyone that the claimant brings along — for example, an attorney or advocate, witnesses, or a translator. Sometimes the judge will have a physician or vocational expert testify.
The Social Security Administration (SSA) is not being represented by an attorney or anyone else at the hearing, although the ALJ is an employee of the SSA. He or she is expected to make an objective decision regarding each case.
Presenting the Case
The hearing is the claimant's opportunity to prove to the ALJ that his or her disability is severe enough to qualify for disability benefits. It's good to be fully prepared for the hearing, and to be ready to answer any and all questions from the judge. A Social Security attorney is of great assistance at a hearing, but the judge may still want to hear directly from a claimant.
Waiting for the Decision
The ALJ will not make a decision on the case immediately and give the ruling there at the hearing. He or she will review the testimony at the hearing along with all of the documents submitted for the case. The length of time a claimant will have to wait before the decision is released varies from office to office.
If the Administrative Law Judge denies a claimant's application for disability benefits after the hearing, the claimant has the option to appeal the case with the SSA's Appeals Council.
If you have applied for SSDI or SSI, contact us today for a free case evaluation with an experienced Social Security Disability attorney who will examine your case, answer your questions, tell you about your legal rights, and give you the help you need.
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