Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
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Presenting evidence at a social security disability or SSI hearing
You can present evidence in the form of medical records or a statement from a physician at a disability hearing. However, this is not just an option, it is a necessity. This is because, while at the first two levels of the disability evaluation system a disability examiner will have the full responsibility of obtaining the records from your treatments sources...when your claim gets to the hearing level, the social security administration (SSA) will not do any further evidenciary development on your case.
Claimants who appear at social security hearings unrepresented may be very surprised to learn that the very last time that medical records were gathered for their claim was when their reconsideration appeal was decided (the reconsideration appeal takes place AFTER the disability application has been denied, and BEFORE a disability hearing is requested). This will mean in all cases that there will be no current medical records in the claimant's social security file, thus making the likelihood of achieving an approval very low (and nearly impossible).
Individuals who have requested a disability hearing before a federal administrative law judge need to make sure that by the time their hearing takes place there are current medical records in the file. This means that, in addition to the older records (which can prove onset, i.e. how far back the disabling condition existed), there should also be records that are not older than 60 days in the file.
This is because in order for an individual to receive a social security disability or SSI award, there must be evidence available to the adjudicator (decision-maker) that proves that they currently meet the SSA guidelines and criteria for receiving disability benefits.
Claimants who are not represented at the time of their hearing should attempt to obtain updated medical records sometime before their hearing takes place. And once they have obtained those records, they should send copies (claimants should always keep original documents in case mailed documents are lost) of those records to the hearing office so they can be added to the case file.
The problem with this, however, is timing when to request the medical records. Gathering medical records too soon will mean that they, too, may be outdated by the time a hearing occurs. And requesting them too late may mean that they not have arrived at the time the hearing occurs.
Typically, disability lawyers will use a series of notifications from the hearing office as "signals" for when requests for medical records should be sent out. Requests for medical records "can" be sent out when the notice of hearing (a notice that states when and where the hearing will take place and with which judge) has been received from the hearing office.
However, this, too, can pose a problem since social security hearing offices are not required to send hearing notices any sooner than 20 days before the hearing--and 20 days is very often not enough time to send a request for medical records to a doctor or hospital and realistically expect to receive records back.
For this reason, many disability lawyers actually send their requests for medical records sooner than this, choosing to send out requests for medical records when the ODAR (office of disability adjudication and review, otherwise known as the hearing office) has compiled the exhibit list and then mailed a copy of this to the disability lawyer handling the claim.
What is the exhibit list? It is a listing of all the exhibits that may play a role in the hearing and that may potentially be referred to. Exhibits include all the medical evidence on file, but also copies of the claimant's initial application, reconsideration appeal, and any questionaires that the claimant completed (such as the work activity questionaire and the activities of daily living questionaire).
When the exhibit list has been received, this is a signal that the timing is right to request medical records from the claimant's doctors--because the hearing will most likely be scheduled in the near future.
Claimants not only have the right to present medical evidence at a hearing, they have the responsibility of doing this (either by themselves or through their disability representation)...if they hope to have any chance of winning social security disability or SSI benefits.
Return to: Social Security Disability Resource Center, or read answers to Questions
Will a Social Security Judge give You an Immediate Decision at the Disability Hearing?
Basic Facts about the Administrative Law Judge Social Security Disability Hearing
Are the Chances of Winning Disability Benefits Higher at a Social Security Hearing with a Judge?
Winning at a Social Security Disability Hearing
Social Security Disability Hearings - what to expect
What happens when you go to a Social Security disability hearing?
Preparing for a Disability Hearing to Win Social Security or SSI Benefits
Presenting evidence at a social security disability or SSI hearing
How Long Does It Take To Get The Results Of A Disability Hearing?
Do Most People Have To Go To A Disability Hearing in order to Get Approved For Disability?
Can you be approved for disability without having to go to a hearing?
Waiting for a Hearing to be Scheduled before an ALJ, Administrative Law Judge
Vocational expert at a disability hearing - what is this?
Social Security Disability Hearings - What is the ALJ
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria