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
Prepare for your Disability Hearing the right way to Win Benefits
Individuals who go to disability hearings in an attempt to win Social Security Disability or SSI disability benefits generally have their best chance of success at this level versus any other level of the system. Approximately, sixty percent of claimants who have representation on their disability claim are awarded benefits.
However, the flip side to this is that roughly forty percent of hearing appellants will be denied. A forty percent denial rate is significant and represents enough of a danger that a claimant whose case will be decided at a hearing should do everything in their power to have their case properly prepared.
The following list applies to both represented and non-represented claimants whose case will be heard at the administrative law judge level.
Proper preparation for a disability hearing will include:
1. Making sure, at a proper time before the holding of the hearing, that the most recent medical records are obtained, copied (you always need to keep copies) and sent to the judge at the hearing office. Timing is very important on this because administrative law judges, just as disability examiners, need to see medical evidence that can be considered to be current. "Current" means not older than ninety days. Therefore, if the records are obtained too soon before the hearing, they may be too old by the time of the hearing. Fortunately, most disability lawyers will know when updated medical records should be obtained so that they will not be out-of-date when the hearing is conducted.
2. Obtaining, if at all possible, a medical source statement from at least one of the claimant's treating physicians. A treating physician is a medical doctor who has a history of providing treatment to the claimant and, thus, is qualified to comment regarding the claimant's history of illness and treatment, as well as comment on the claimant's specific limitations and the prognosis and outlook for their condition. A medical source statement is simply a detailed and objective statement supplied by the treating physician which describes the claimant's condition and resulting limitations (known as the RFC, or residual functional capacity).
The medical source statement can be hand written, typed, or the doctor can simply fill out a form that has been provided by the claimant's disability attorney. As long as the statement is signed by the doctor, and as long as the statement is not out-of-line with the information contained in the doctor's own office treatment notes, the statement can be viewed as authoritative.
Medical source statements, or residual functional capacity statements, are often not given full consideration at the disability application and reconsideration appeal levels. However, at the disability hearing level, such statements can provide the necessary evidence for winning a claim. And this is why disability attorneys generally attempt to obtain these statements for the purpose of presenting them at a hearing.
Properly preparing for a disability hearing will also include:
A) Reviewing the case file to determine why the claim was denied prior to the hearing level,
B) Learning about the claimant's medical treatment history, and
C) Learning about the claimant's work history.
By being familiar with this information, and by obtaining the proper medical evidence (treatment records and statements from treating physicians), it becomes much more likely for the claimant and their representative at the hearing to construct an argument as to why disability benefits can be granted.
Of course, it goes without saying that claimants who do not take the initiative to properly prepare in advance of a hearing date will put themselves at an extreme disadvantage, which could easily mean the difference between winning or losing the disability case.
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?
How can I win Social Security Disability benefits?
How do you Win Benefits under Social Security Disability or SSI?
What kind of cases win disability benefits?
How Likely are You to Win Your Disability Case?
Winning a Social Security Disability Appeal or SSI Appeal
What Will a Disability Lawyer Do to Win a Social Security Case?
What are the chances of winning a Social Security Disability Benefits hearing?
Preparing for a Disability Hearing to Win Social Security or SSI Benefits
Winning Social Security Disability Benefits For Mental Disorders
Will I qualify for Social Security Disability SSI in California
Getting a Social Security Disability SSI Attorney in California
How long do disability claims take in California and why
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.