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 are Medical Experts at Social Security Disability hearings?
If you get denied for Social Security Disability or SSI at the disability application level, and then get denied once more on a request for reconsideration appeal, you will be in the position of being allowed to request the second appeal that is available to claimants. That appeal is the administrative law judge hearing.
The disability hearing is very different from the earlier steps of the system. First of all, the claimant will actually have a face-to-face meeting with the decision-maker who is a federally appointed judge.
Secondly, the claimant will have the right to appear at the hearing with a chosen representative (usally an attorney who specializes in disability claims).
Thirdly, the entire burden for gathering the most recent medical records and presenting them at the hearing...will fall entirely upon the claimant and their lawyer, assuming they have one.
This is because after a claim has been denied at the reconsideration level, the social security administration ceases all case development, meaning they no longer gather any records that may be used in the decision process.
The fourth difference between the hearing level and the prior levels of the system is that the decision-maker at this level, in this case a judge, will have the option of calling experts to the hearing.
Why are experts called to disability hearings? Arguably to assist the judge in his or her decision-making. Though, in all honesty, very often experts are called by judges to hearings to support a decision which the judge already has in mind so that:
A) The decision can gain the appearance of being more sound and
B) The case can stand less of a chance of being remanded and returned to the judge for a second hearing (remands are ordered by the appeals council when the AC finds some level of deficiency or inadequacy with the outcome of the hearing or the process by which the decision was reached).
What types of experts are called to hearings? Judge may call medical experts, physicians who are M.D.s. They may also call VEs, or vocational experts. It is not uncommon for a judge to call both a medical expert and a VE to appear at a hearing.
In either case, however, the expert will typically respond to questioning and address hypothetical situations conjured by the judge and the claimant's disability attorney--all of which may have a direct effect on the outcome of a case.
Which is exactly why no claimant would wisely decide to appear at a disability hearing alone and without representation. Representation may provide "iffy" benefits at the lower levels of the system, but at hearings, representatives should be be considered a given by anyone wishing to win their claim.
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?
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?
How do I request a Social Security Disability hearing - How do I file?
Requesting a Social Security Hearing when you have a Disability Representative or Attorney
How long does a request for a disability hearing appeal take?
What are the odds of a judge giving you a disability denial?
What is a Social Security administrative law judge disability hearing?
What is the time frame for a judge to make a decision for a disability hearing?
How should I prepare for a disability hearing with Social Security?
What are the questions that get asked at a Social Security Disability or SSI hearing?
How long will it take to get a decision on SSD or SSI after a medical examination?
If you apply for disability in Mississippi
Getting a Disability Lawyer in Mississippi
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Can you get temporary Social Security Disability or SSI benefits?
Permanent Social Security Disability
What is the difference between Social Security Disability and SSI?
Who is eligible for SSI disability?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
What makes a person eligible to receive disability benefits?
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?
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.