How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay
What do you need to provide for approval at a disability hearing?
To get approved at a disability hearing, you will basically need the same information that your claim needed at the disability application level and the reconsideration appeal level.
Your claim needs to meet the SSA definition of disability; therefore it needs to show that your medical condition is severe enough to prevent you from working and earning a substantial and gainful income for at least a full year.
Note: this does not mean that you cannot work. It DOES mean that you cannot work and earn more than the allowable earnings limit. Also, it does not mean that you need to be out of work for a year BEFORE you even apply for benefits. SSA can review your claim and determine if your condition will be this severe; in other words, they can make a projection.
To get approved at a hearing
One: You need to gather current medical records and have this submitted to the ALJ at the hearing office before the hearing occurs. Doesn’t Social Security get your medical records? Yes, but only if your claim is at the reconsideration appeal or disability application level. At the hearing, the burden of getting records is on the claimant, or their disability lawyer/attorney/representative if one is handling the case.
Why is getting updated records so important? Simply because after your disability hearing is requested, it may be a year or longer before your hearing takes place. Obviously, this means that unless updated medical records are obtained for the hearing, the judge will be looking at relatively older records. And this will make it impossible for the judge to approve the disability claim.
Two: At a hearing, it is especially important to get an objective statement from one of your treating physicians. This is called a medical source statement. These kinds of statements typically do not help a case at the application or reconsideration appeal level. But at a hearing, they often help win the case. A medical source statement will not give a diagnosis, but, rather, it will explain in detail how a person is functionally limited (for example, standing, sitting, reaching, bending, concentrating, remembering, etc).
If you have good updated medical records, and a strong medical source statement at your hearing, your chances of getting approved for disability will go up considerably.
Things that may help to get your claim approved
If you have a disability hearing coming up, there are a few things that may help get your disability claim approved.
If possible, you need to have current medical information in your disability claim as well as a good history of medical treatment for your disabling conditions. Current medical treatment for Social Security Disability is any treatment that has occurred within the past three months.
The administrative law judge generally reviews your disability case file prior to the hearing and they form an opinion as to their potential decision based upon the medical information contained in your file.
Remember, you are going to be in front of an administrative law judge so dress accordingly. You should also be on time and prepared for your hearing. What do I mean by “be prepared for your hearing”? You must be prepared to answer any questions the judge might ask you. Sometimes, the judge asks questions and other times they may not.
Lastly, congressional statistics suggest that disability claims with professional representation are about 21% more likely to be an approval than those with no representation.
Representatives know Social Security vocational guidelines and case law or representatives are able to present your disability case in a more effective way. They will also make sure that your disability claim is as up to date as possible.
What is the Social Security Disability SSI list of impairments?
Can you work while getting or applying for Disability?
How Often Does Social Security Approve Disability The First Time You Apply?
Tips for getting Social Security Disability or SSI benefits approved
What medical conditions will get you approved for disability?
What kind of Mental Problems Qualify for Disability?
Receiving a Disability Award Letter
Conditions Social Security will recognize as a disability
Previously answered questions regarding SSD and SSI
Applying for disability in your state
Most popular topics on SSDRC.com
Social Security Disability SSI Questions
The listings, list of disabling impairments
Can a mental illness qualify you for disability?
Disability Lawyers prevent unnecessary denials
How much Social Security Disability SSI back pay?
How to apply for disability for a child or children
Filing a Social Security Disability SSI application
Filing for disability - when to file
How to apply for disability - where to apply
Qualifications for disability benefits
How to Prove you are disabled and Win your Disability Benefits
Qualifying for Disability - The Process
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
Social Security Disability SSI definitions
What makes you eligible for Social Security Disability or SSI?
New and featured pages on SSDRC.com
Who can help me file for disability?
What happens after you request a disability hearing?
Steps and Tips for requesting a disability hearing
Winning at a Social Security Disability Hearing
The Administrative Law Judge Social Security Disability Hearing
Social Security Disability Hearings - What is the ALJ
Waiting for a Hearing to be Scheduled before an ALJ, Administrative Law Judge
Social Security Judge Decision at the Disability Hearing
Full favorable decision at a disability hearing
What happens when you go to a Social Security Disability hearing
What questions get asked at a Social Security Disability or SSI hearing?
Representation and winning at a disability hearing
Do I need a lawyer at the disability hearing
Appealing a Social Security Disability or SSI Denial with a Disability Hearing Before an ALJ
Preparing for a Disability Hearing to Win Social Security or SSI Benefits Getting a Disability Lawyer in California
Will I qualify for disability Benefits in California?
How long does it take to get disability in California?
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Do I need an attorney to win disability?
How Long Does It Take To Go Before A Judge For Disability?
Will a Judge give you an Immediate Decision at the Disability Hearing?
What happens when you go to a disability hearing?
Social Security Disability SSI and Medical conditions
Social Security Disability lawyer fee
Can a lawyer or attorney speed up my disability case?
When can I expect my first disability check and my back pay check?
Going to a medical exam for Social Security Disability or SSI
Filing for disability - How to file the disability application
Do you need a lawyer to file for disability?
How Far Back Can SSI Back Pay Be Paid?
Can you get temporary Social Security Disability or SSI benefits?
The Social Security Disability Award Letter
Social Security Disability SSI Eligibility Requirements
How Many Times Will you be denied before You Get Approved for Disability?
What makes you eligible for Social Security Disability or SSI?
How to Prove disability and qualify to win benefits
How to speed up the disability process
Social Security Disability Back pay and How Long it Takes
What should you say if you go to a Social Security Exam?
Maximum back pay you can get from Social Security Disability or SSI
How to qualify for disability
What is the Social Security Disability List of Impairments?
What is considered a disability by Social Security?
How Long Does A Social Security Disability Appeal Take?
How does back pay for Social Security Disability work?
Your Social Security Disability Status
How do you find out if a disability claim has been approved or denied?
How to check Social Security Disability Status
Applying for disability, what medical conditions can you apply for?
How do you prove your disability case if you have a mental condition or impairment?
How much does disability pay?
Can I get permanent Social Security Disability or SSI?
How long will it take to get a disability decision letter?
Social Security Disability and SSI Medical Exams
How long does it take to be approved for SSI or Social Security Disability?
How Long to get a Disability Hearing decision?
How long to get disability benefits after you receive an award notice?
Social Security Disability and Working
What makes a person eligible to receive disability benefits?
How To Get Disability Through SSDI or SSI Approved
How Much Income Can A Person Earn If He Draws Social Security Disability?
Partial disability benefits from Social Security
Can I Qualify For Disability for Depression?
For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.
The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.
To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.