SIGNS THAT YOU HAVE WON AT YOUR HEARING

Social Security judges seldom tell the claimant what their decision will be following the hearing.  But there are some indicators or signs that the hearing went well and may result in an award of benefits:

SIGN 1:  The vocational expert testified that there are no jobs in the national economy that you are able to perform.

SIGN 2:  The judge did not ask the vocational expert for any opinions about jobs.  While this might mean that the case is very weak and the judge is going to deny the claim without expert testimony, it more often means that the case is strong enough to be approved without vocational testimony.  This would especially be true if a Listing has been met.

SIGN 3:  The judge enters a bench decision.  In this case, he or she actually tells you what the decision is and enters it into the record at the end of the hearing in the presence of the claimant and representative.  This removes all doubt. Bench decisions are only given for favorable decisions.

The claimant may not understand a lot of what happens at a hearing.  However, the claimant's representative may have a much better idea of which way the wind is blowing, in terms of which way the judge is leaning.  Of course, decisions are not definite until they are written up and signed.

3 decisions are possible following a hearing:

a) Fully Favorable - you are awarded benefits according to the alleged onset date on your application, the best possible decision which will result in maximum back pay.

b)  Partially Favorable - you are found disabled and entitled to benefits but not as far back as the date you claimed on your application.  This usually will result in some loss of back pay (reduced back pay or no back pay).  It does NOT affect the amount of your monthly benefit, only the back pay, because you won't be paid as many months from the past as you had requested.

c)  Unfavorable - you are not disabled under Social Security rules and are not entitled to any disability benefits from Social Security.

Partially favorable and unfavorable decisions may be appealed if a written appeal is filed within 60 days of the decision.  Your representative should discuss with you the pros and cons of filing a further appeal vs. filing a new application.
__________

THE FORSYTHE FIRM
Social Security Disability Specialists
7027 Madison Pike - Suite 108
Huntsville, AL 35806
PH (256) 799-0297

Absolutely Free Consultations * No Fee Unless You Win *

Keep 100% of Your Monthly Benefits * No Upfront Cost to You


                        7027 Old Madison Pike - Huntsville

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