BETWEEN YOUR DENIAL AND YOUR HEARING



When you get denied for Social Security disability benefits, you will appeal and ask to appear at a hearing.  There is typically an 18 to 24 month gap between the denial date and hearing date.  This gives you a lot of time, just waiting.

There are things that should be done during these months.  Preparing for a successful hearing requires thought, planning and action--not just waiting.

What are some things that need to be done now, so your hearing can be successful 18 months from now?

  • Keep your medical records updated.  Periodically obtain your new medical records and submit them to the Social Security hearing office.

  • Figure out the legal theory of your case.  In other words, how do the regulations support your claim of disability and how can Social Security pay you according to their rules?  Are you disabled according to a Listing?  According to a grid rule?  By some other rule? 

  • Get one of your treating doctors to complete a "Medical Source Statement," a form providing very specific details about how much you can do in terms of specific work-like activities:  lifting, bending, sitting, standing, walking, kneeling, etc.  (Doctors do not have these forms; you will need to find one).  My office can supply this form.  Social Security will NOT get this for you.

  • Perform a complete analysis of your medical records.  Write down medical conditions that support you claim, as well as symptoms that would make it difficult for you to perform past relevant work, or any other work.

  • Start preparing to give oral testimony before the administrative law judge at your hearing.  (These hearings are not what most people think).  You should find out what happens at a hearing, what questions will be asked, who will participate in the hearing--and how to prepare.  There are pitfalls you must avoid.
"Hearings are often won in the months before they are held - won by diligent preparation and hard work in getting ready for the hearing."

This amounts to a lot of work.  There are potentially hundreds of hours of work to prepare for a hearing.  It often takes me 40 hours or more just to read and summarize the medical records in a case.  Writing a brief may take another 15 to 20 hours.  Ordering and receiving doctor's records can take weeks or months.

There are two ways to approach getting ready for a hearing:  do it yourself or get an attorney or disability advocate to do it for you. 

Your representative will not charge you a fee unless you win your case and collect past due benefits.  His or her fee comes at the end of the case and only if it is successful.

One final note.  Please don't wait until last minute to get a representative.  I have claimants call me two or three weeks before their date, and their case is totally unprepared.  It is usually not possible to do the complex preparation that will be required in two or three weeks.  Two or three months would be really difficult.  A representative will want at least 6 months to prepare for a hearing.  You owe it to yourself not to wait until last minute.

Since you do not pay by the hour, there is no advantage to waiting until the last minute to hire a representative.  His or her fee will be the same, whether they work on your case 1 week or 2 years.  Waiting until the last minute only puts you at a disadvantage and hurts your chance for a successful hearing.
_____________
Charles W. Forsythe
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike NW - Suite 108
"Across from Bridge Street"
PH (256) 799--0297

FREE INITIAL CONSULTATIONS    NO UPFRONT COSTS     PAY ONLY IF YOU WIN

KEEP 100 PERCENT OF YOUR MONTHLY BENEFITS    LOCAL, EXPERIENCED FIRM





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