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In representing client’s for social security disability hearings, we have found that preparation between the client and the lawyer, and preparing the file for the Administrative Law Judge are keys to getting a favorable result. When a person applies for Social Security Disability benefits, there is a high likelihood that they will be denied based on their first application. Once denied, the claimant has 60 days to file a notice requesting that the denial decision be reconsidered. If they are again denied at the reconsideration stage, the next step is for the claimant to request a hearing in front of an Administrative Law Judge. Again, the claimant has 60 days to make such a request. These time deadlines are very important because if the claimant is eventually approved for disability benefits, he or she may be entitled to back benefits dating back to the original date of application. These back benefits are typically paid in a lump sum. If the deadlines are not met, back benefits will most likely be denied and more importantly, the claimant may have to start the application process all over again. Since it is currently taking approximately 18 months to two years to get a formal hearing in front of an Administrative Law Judge, it becomes apparent that starting a case all over is no small task and can cause years of delay for people who can be extremely sick and destitute. Furthermore, the amount of back pay awarded to a claimant can be substantial if he/she is eventually approved for benefits because of the time lag between requesting and obtaining a hearing in front of the Judge.
If clients are inclined to do so, they typically hire an attorney to represent them at the stage in which they request a hearing in front of the Judge. However, there are clients that hire attorneys prior to this stage for various reasons. Many times it is because they just do not feel comfortable or well enough to make the application on their own. At the hearing stage, it is important for both the client and the lawyer to be well prepared and to make sure that the Judge’s file is as complete, accurate and up to date as possible. Administrative Law Judges are very busy people as evidenced by the large backlog of cases and long delay that it takes for a client to get a hearing. Judges typically hear 8-10 cases a day and these hearings typically last from 45 minutes to an hour. Since the Judges are so busy, it is very helpful if a lawyer or representative provides the Judge with a letter or brief outlining the theory of the case prior to the hearing date. This letter or brief should focus on the major medical concerns and should spell out why the lawyer believes the claimant should be approved for benefits. It is also helpful for the lawyer to point out major points in the claimant’s records so that the Judge can find the most important medical information at a glance. In addition to drafting a brief for the Judge, it is essential that the claimant’s file contains all of the pertinent, up to date medical information. If at all possible the most recent records should be sent to the Judge at least 1 week prior to the hearing for review. Last, but not least, claimants should be prepared to testify at their own hearing. A good lawyer will discuss testimony with their client and assist the client in presenting their case in the most favorable light to the Judge. Such preparation makes the Judge’s job easier and will hopefully lead to a favorable decision for the claimant.
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