Most people who consider filing for social security disability benefits have no experience or any familiarity with the social security system or process. As with many federal programs, the idea of going it alone is an intimidating and overwhelming prospect. Attorneys have the advantage of going through that process many hundreds of times, and can effectively guide you through not only the initial application state but also through the various appeals and ultimately in a hearing before an administrative law judge. So, why should you hire a lawyer?

Knowledge of the SSD process

Any lawyer who handles social security disability cases as part of his or her practice will have a thorough knowledge of the process, including the various stages of appeal, the analysis the administration uses in determining who qualifies for benefits, the types of evidence which may be helpful, and the time frame for the entire process. This is a stressful time for many claimants, and knowing how the process works, and having an advocate who is familiar the system, will help reduce the stress.

During the application and appeals process you will have to fill out a large number of forms. Having someone to turn to and answer questions will be invaluable, and will assist you in making the most of your claim throughout the process. When it is finally time for you to appear in front of a judge, you will be confident that you know what the key issues are, how the vocational analysis fits into the case as a whole, and what types of testimony will best convince the judge that you are disabled.

Collecting evidence

As with any trial or hearing, the judge will make a decision based on evidence presented. A lawyer can assist you in collecting the evidence from numerous sources, including doctors, family, friends, employers, schools, and other sources which have records, or knowledge of your condition. Because lawyers understand the process and the analytic framework the judge will use, having an experienced professional in your corner will maximize your chances of success. Lawyers know what questions to ask your doctors, what types of information your past employers will have that will be useful in court, and they can assist you in gathering medical records to make sure the file is complete for the judge’s review.

The hearing before the judge is your opportunity to convince the judge that you are unable to maintain gainful employment. You have one hour to present evidence, make arguments, and question any witnesses the judge will call to testify. That is a very short amount of time to tell your story. It is critical that all of the evidence be submitted prior to the hearing — and be presented in a concise, persuasive way — that will best emphasize the main points of your case. Having a professional assist you in this process can be vital to success.

Preparation for the hearing

As already mentioned, the hearing before the administrative law judge will last about an hour. Experienced attorneys know that success lies not in the will to win, but in the will to prepare. Cases are not won in the courtroom, they are won in the conference room by meeting with witnesses, reviewing key documents, preparing questions and arguments, doing research, and other types of preparation. Your attorney can assist you in preparing for one of the most important hours of your life: the hearing before a federally appointed administrative law judge.

Experienced attorneys know the judges, their styles of conducting hearings, what questions the judge will likely ask, what issues are likely to be important, and how best to prepare for problems with the case. Very few cases are perfect. Therefore, it is critical that you have an experienced attorney to help you prepare. You will likely have to wait a year and a half or longer for this important day. You do not want to go into a hearing wondering what is going to happen once you get there. Having experienced legal counsel will give you confidence that you are prepared, all the evidence has been submitted, and you are ready to present your case in a clear, concise manner.

Advocate for you at the hearing

The hour you spend in front of the administrative law judge will be one of the most important, pivotal hours of your life. The evidence presented at the hearing will determine whether you will be found to be entitled to benefits or whether your claim will be denied. Many people believe that they can simply walk into the hearing and tell the judge they are in pain, cannot do the work they once did, and that they should receive benefits. They believe they then will be rewarded with a lifetime of government checks and medical coverage.

If only it were that simple.

Judges tend to be skeptics, having seen thousands of claimants come into their hearing room, some of whom are no more disabled than anyone else. In order to prevail at the hearing, the claimant must present persuasive evidence and logical, coherent arguments. The judge may call medical experts to testify. These experts will give opinions as to whether you have functional limitations, your medical diagnosis, and whether you meet specific criteria for disability. There will be a vocational expert at your hearing who will give the ultimate opinions as to whether or not you can maintain full time gainful employment in the national economy. Are you prepared to cross-examine these experts? Probably not.

Having a lawyer represent you and advocating for you at the hearing is one of the keys to success. The wealth of education, training, knowledge, and experience a lawyer brings to the table will benefit you in the hearing and let you focus on your testimony and the things you want to tell the judge.

Filing an appeal

Hopefully your claim will be approved at the administrative hearing level. However, that is sometimes not the case.

Sometimes judges rule against claimants who are very deserving of benefits. There can be many reasons for this: bias on the part of the judge, insufficient evidence, misinterpretation of evidence, etc. If that is the case, you will need to file an appeal to the Appeals Council. An experienced lawyer can assist you with this process, and prevent your claim from ending in an unfavorable decision. With an appeal to the Appeals Council, you can argue that the administrative law judge erred in the findings, misquoted the evidence, or misapplied the law. You are allowed to submit new evidence, write a brief, and continue to argue your case. The Appeals Council is not bound by the findings of the judge and can reverse the decision if the evidence requires.

The Final Word

Contact us today for a free consultation about your case. Your hearing before an administrative law judge is critical, and we have years of experience handling social security disability cases and successfully getting our clients the benefits they deserve.