Signs You Won Your Disability Hearing
At your disability hearing, are there signs that you won your disability case? The answer is that there could be signs that may hint on whether you have won your disability case or not.
Even if there arenât any hints at your disability, it doesnât mean that you have lost your case. For example, at the end of the hearing and the judge doesnât ask any further questions.
That could mean that you and your attorney developed a sound case that you are unable to work because of your disability. No questions could also mean that there are no loopholes in your case that the judge wants further questions on.
Another sign that you won you won your disability case is that if you provide enough medical evidence and documents to prove that your disability hinders your ability to work full time.
The more medical evidence you have to back up your claim, the better your chances are that you will be approved for disability benefits.
Failure To Comply With Doctors Orders
One way to surely lose sympathy with the ALJ is to not comply with your doctors instructions. This could mean not taking prescribed medicines, not using assistive devices, skipping for medical appointments, or disregarding recommendations for physical or mental therapy. If you are guilty of any of these, the ALJ may determine you dont take your condition seriously, and that its not as severe or limiting as you claim.
You Are 50 Years Old Or Older
Not a lot of people know this but the SSA follows a system called the grid rules to decide on disability conditions. It works under the assumption that people who are of advanced age and have no particular skill set are less likely to find a job. This is why, under this system, disabled workers 50 years or older have higher chances of getting approved for disability benefits.
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What Are My Options If The Judge Denies My Claim After The Hearing
If the judge denies your claim at the hearing, you can appeal the decision by filing a request for review with the Appeals Council. This is the last step in the administrative process.
However, it is unlikely the Appeals Council will reverse the judges decision, though it happens occasionally.
Another option is refiling an application for SSDI or SSI after the denial. There is no limit on the number of times you apply.
Consider hiring an attorney to discuss your options if the hearing does not go well. You have an important decision to make.
Overexaggerating Or Underplaying Your Situation
A surefire way to lose your social security disability hearing is to overexaggerate your symptoms. Remember, the ALJ has seen and heard it all before, which makes honesty the best policy. So unless its absolutely true, painting a picture of yourself as completely immobile and out-of-commission 24/7 could actually hurt your case. Remember, you dont have to be bedridden to receive disability you just have to be unable to go about your life as normal or perform the duties of your job due to physical or mental health condition, injury, age, etc.
Finally, though its more common for people to overexaggerate, others may underplay their symptoms due to their sense of pride. While this is admirable in many circumstances, it ultimately defeats the purpose of your hearing. You need to be completely honest with the ALJ, disclosing all weaknesses and impairments that complicate your day-to-day life and make it difficult or impossible to work.
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Is There Anything Else I Should Put Into My Appeal To The Appeals Council
Yes, you may want to include the following language in your appeal:
Based on the foregoing and arguments accompanied herewith, the claimant specifically requests the Appeals Council to consider the entire case to determine whether review should be granted pursuant to 20 C.F.R. 404.970. The foregoing list of errors is not exhaustive and only represents the more significant errors upon which the Appeals Council could readily determine that remand or reversal is required. The Appeals Council is required to evaluate the entire case to determine if any other basis for granting review exists as set forth by 20 C.F.R. 404.970. If the Appeals Council does intend to limit its review to only those issues specifically raised herein, the claimant hereby requests specific notice of such intent as well as the opportunity to submit additional arguments within 30 days of receipt of such notice.
And Based on the foregoing, the claimant respectfully requests that the Appeals Council reverse the ALJs decision and award benefits. Alternatively, the Appeals Council should remand this matter for further proceedings as set forth herein.
Discover The Social Security Blue Book Listing
The Social Security Administration has established an official handbook for disability claims which specifies eligible medical conditions and diagnostic symptoms for which is evaluating compensation. There may be variations in eligibility and result based on whether the application is granted or denied. However, keep in mind that everyones set of circumstances is unique. Your claim will be evaluated by the Social Security physicians and medical specialists.
If you are considering applying for SSD benefits, it is important to consult with a Law Firm that can help you navigate the application process. A qualified lawyer can help you gather the evidence you need to support your claim and can represent you at your social security disability hearing.
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Allow Your Anxiety To Control How You React And What You Say In Your Hearing
You will be anxiety in your audience. But being anxious will NOT ruin your hearing. If you are prepared, if you anticipate the direction in which your anxiety might be pushing you, you will avoid damaging errors. Even if you are trembling like a leaf, you can have a good outcome in your disability hearing.
Here are some critical errors that disability claimants often make due to anxiety:
How Long Does A Disability Hearing Last
Disability hearings tend to be short. Disability hearings generally last anywhere between 15 minutes to an hour.
Due to current health crisis, depending on where you live some disability hearings may be entirely virtual through video conferencing and others may still be in person.Your lawyer will be able to tell you if your disability hearing will be virtually or in person.
A vocational expert, as well as a court reporter will probably be at your hearing. You are also able to bring witnesses who can talk about the limitations of your disability on your behalf.
During the disability hearing, after you get sworn in the judge will ask you some questions regarding your employment history, as well as the limitations of your disability.
Then the judge will ask the vocational expert hypothetical questions about what jobs someone with your limitations could do.
After the judge has answered has finished asking all of his or her questions, you may be able say a few words at the very end.
That way you can end it with how your disability does not allow you to work full time anymore. The disability hearings with an ALJ judge are informal and fast because the judge most likely has a lot of cases to go over that day.
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Rules For Determining Disability
The rules that for determining disability apply most directly to impairments that limit your physical ability to stand, sit, walk, lift, bend or work with your hands. Mental impairments are a bit more complicated.
If you are unable to do certain kinds of manual labor, whether because of a back problem or a heart condition or breathing problem or some other medical problem, your lawyer will be able to look at the rules and figure out what youve got to prove to win your case. Here are some examples:
- If you are under age 50, the general rule is that youve got to prove that you cant do an easy sit-down job or even a job where youre allowed to alternate sitting and standing during the workday. Youve got to prove this even though you might not be hired for such a job.
- If you are age 50 through 54, the general rule is that you have to prove that you cannot do light work, that is, work involving being on your feet most of the day and lifting up to about 20 pounds. Thus, even though you might still be able to do a sit-down job, a desk job, you can still be found disabled.
- If you are age 55 or older, it gets even easier. The general rule is that you have to prove that you cannot do medium work, that is, work involving being on your feet for most of the day, frequently lifting 25 pounds, occasionally up to 50 pounds. Thus, you can even be capable of doing light work and still be found disabled.
How Long Does It Take For A Decision To Be Made On Disability
The social security takes a case-by-case approach when reviewing applications for disability. There is no one-size-fits-all answer when it comes to eligibility for benefits. However, the social security administration aims to decide on all applications within three to four months. If your application is more complex, it may take longer to make a decision.
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Of 10 Common Va Disability Claims: Paralysis Of The Sciatic Nerve
Based on the latest 2018-2019 VA data, Paralysis of the Sciatic Nerve, also known as Sciatica, was the #7 most common VA disability claims for all Veterans, across all demographics.
92.2% of Veterans are rated between 0% and 20%.
Musculoskeletal system conditions include issues with joints and muscles and must involve limitation of range of motion and/or painful motion.
Back injuries and various musculoskeletal injuries, which can lead to Sciatica, or severe radiating pain, are quite common for veterans.
Sciatica is the pain that one experiences when the sciatic nerve is irritated.
Sciatica is not an actual diagnosis of a problem, but rather, an accurate way of describing the location of the pain.
What is Sciatica?
The sciatic nerve is the largest nerve in the body.
This nerve runs from the lower back through the hips and buttocks all the way down to the leg.
Sciatica is extreme pain that radiates along the path of the sciatic nerve, which branches from your lower back through your hips and buttocks and down each leg.
According to the Mayo Clinic, Sciatica most commonly occurs when a herniated disk, bone spur on the spine or narrowing of the spine compresses part of the nerve. This causes inflammation, pain and often some numbness in the affected leg.
Sciatica develops when the pressure on the spinal nerve causes pain to develop on the lower back, buttocks, and legs.
Tips For A Speedy Disability Hearing
- Reapply as soon as you receive a written denial notice, which will allow you the quickest hearing date possible.
- Appoint a lawyer or other representative as early as possible.
- Submit all additional evidence at least five days in advance to the ALJ. This step can make an ALJ hearing completely unnecessary if the medical evidence shows you cannot work.
- Do not reschedule at ALJ or AC level.
- At the AC hearing, you and your representative should only request copies of hearing recordings and exhibits from the ALJ hearing if you need them for your appeal.
- A videoconference option is always faster
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What If There Was Plenty Of Evidence On My Behalf That Outweighed The Evidence That Was Of Record Against My Being Found Disabled
An ALJ must adequately weigh the evidence and explain the conflicts in the evidence and resolve them. If you feel that this happened to you may want to allege in your appeal that The ALJs denial of benefits was against the greater weight of the evidence and is not adequately supported by the evidence of record.
I think that the ALJ called me a liar, in essence, because he just did not believe my testimony and did not explain why he/she felt I was less than fully credible. How do I appeal that?
The ALJ must adequately assess your credibility and state reasons why he believed or disbelieved you at your hearing. If you think that that happened, you may assert in your appeal that The ALJ failed to adequately assess or evaluate my credibility.
What Happens Following My Disability Hearing
Following a disability Hearing, you will generally receive a written decision within 60 days.
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Your Condition Meets A Blue Book Listing
If you can show that your disabling condition meets the criteria found in a Blue Book listing, then this is a sign you may be awarded disability benefits. If you cannot meet any listing you may qualify through a medical vocational allowance and by completing a residual functional capacity form after tests conducted by your doctor.
Under Social Security’s rules, anyone that is capable of performing “Substantial Gainful Activity” is not eligible for disability benefits. In 2022, the SGA limit is $1,350 monthly for anyone who is not blind and $2,260 for those who are considered to be statutorily blind. Anyone who earns more than the monthly SGA limit wont qualify for disability benefits.
However, if you have earned enough work credits in your working life, you earned less than the SGA you may be eligible to claim disability benefits. Just like your disability being listed in the SSA Blue Book isnt an automatic guarantee of eligibility for disability benefits, earning a monthly income that falls below the SGA limit isnt a guarantee that your disability benefits application will be approved.
The Vocational Expert Testifies There Are No Jobs You Can Perform
As discussed earlier in this article, many judges use vocational experts at disability hearings.
Usually, the judge will ask the VE questions during the hearing. Typically at the end.
If the VE answers you cannot perform any past work or other work that might exist in the national economy based on your age, education, and job skills, the hearing went well.
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Is It A Good Or Bad Sign If It Takes A While To Get A Disability Decision After The Hearing
In our experience, it takes two weeks to four months to receive a decision after a disability hearing. And you cannot predict the outcome based on how long it takes to get the judges opinion.
Several factors affect the time it takes to get the hearing decision.
For example, the judge assigned to your case is significant in how long it takes to get a hearing decision. Some judges decide claims or review draft opinions quickly, while others take their time.
Another major factor is whether the record remained open post-hearing. For example, either you or the judge might want additional medical evidence, which takes time to receive from the medical provider.
In addition, if you have a complex medical impairment with thousands of pages of records, you might have to wait longer for a decision.
Everyone Can Do Something
Think about the job of bridge tender on a not very busy waterway. The bridge tender has a recliner chair in his room at the bridge. He sits in his recliner and when a boat comes along, a few times per hour, he flips a switch to raise the bridge. He is allowed to stand or sit or lie down as he chooses. Most claimants who go to hearings in front of Administrative Law Judges are able to do the bridge tender job. But that doesnt mean they are not disabled. It just means that virtually everyone can do something. There is some sort of job for almost everyone.
This is important because one way to determine disability is to start by trying to figure out what you can do. Once you figure that out, your attorney can determine whether or not jobs within your capacity exist in significant numbers in the economy, considering your age, education and work experience. Your attorney does that either by looking at a fairly complicated set of rules or, in some complicated cases, by asking a vocational expert.
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How The Judge Determines Disability
It is important that you understand some basic points about how the Administrative Law Judge goes about determining whether someone is disabled. This process is complicated and technical, and it doesnt necessarily involve common sense. For example, most people think that if they cannot get a job because of their medical problems, this must prove that they are disabled. But inability to get a job proves nothing.
A disability determination is a hypothetical determination. That is, it has very little to do with the real world. It has nothing to do with the fact that employers wont hire you because of your medical problems. The Social Security Administration looks only at whether you are capable of doing jobs, not whether youd be hired. Thus, you may have to prove that you are unable to do jobs that you would never be hired for in a million years.
In some cases, the medical findings about your condition alone will cause the judge to find you disabled. However, in the majority of cases your attorney will have to prove two things: First, that your medical impairments prevent you from performing any job youve done in the past 15 years and second, that there arent many other jobs you are capable of doing considering your age, education and work experience.