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
Should you get representation for a disability hearing? Absolutely, Yes
If you have not gotten representation for your disability hearing, you may be wondering what advantage a representative can give your disability claim.
If both your initial disability claim and reconsideration appeal have been denied, it means a couple of things.
First of all, neither of the disability examiners at the disability application and reconsideration levels felt that the medical evidence allowed for the case to be approved on the basis of a listing.
Furthermore, an analysis of the work history and medical evidence concluded that the claimant could either go back to their past work, or could do some type of other work.
This is not unusual, of course. The majority of claims are denied at each level. By the time a case gets to a hearing, however, there is usually more medical evidence (gathered by the disability attorney) for the judge to see versus what the disability examiners had AND there is often an objective medical source statement for the judge to read (also obtained by the disability attorney).
Much of what a disability representative does will involve gathering additional evidence. And unless your disability claim has new evidence to support a finding of disability, your disability hearing may probably in another denial as well.
Congressional statistical data suggests that disability claims with representation are more likely to result in an approval of disability than disability claims without representation.
There are several reasons for this. We’ve already mentioned medical evidence and statements from doctors. It should also be said, though, that disability representatives are considerably more familiar with Social Security law and vocational guidelines than an average disability applicant.
The use of this knowledge is used to assemble what is known as a “theory of the case”, i.e. the rationale for why a claim should be approved, either approved through a disability listing, or approved on the basis of a specific medical vocational grid rule.
However, a final reason for getting representation for a claim that is to be decided at a disability hearing is…that no one should ever represent themselves. This seems to be to a tried and true rule that pertains to every area of law, thus the saying “He who represents himself has a fool for an attorney”. That saying is based on keen observation that individuals who act as their own lawyer tend to lose more often than not.
In the area of Social Security law and regulation, it should be pointed out that 1. Judges at hearings are sometimes swayed by the reasoning of the claimant’s representative (this often happens when a vocational expert is cross-examined by an attorney) and 2. Judges do not have time to “school” unrepresented claimants on concepts and terms that are specific to Social Security Disability and SSI.
So, should you get representation for a disability hearing? Absolutely, yes.
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?
Filing an Application for Disability
What if my disability Application is denied?
List all your symptoms on your Disability Application
Get a lawyer before you put in for disability
Going to a Social Security Disability Hearing with a lawyer
Do you need a Lawyer at the Administrative Law Judge Disability Hearing?
What medical conditions get you approved for disability?
These pages answer some of the most basic questions for individuals who are considering filing a claim.
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 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 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.