Preparing for an SSDI hearing

So, you applied for Social Security Disability Insurance (SSDI) and were denied. This can be disheartening. You, like thousands of others, may have been counting on the benefits you would receive to help keep a roof over your head and food on your table.

It can be easy to fall into despair after a denial, but you are not out of options. You have the right to appeal a denied disability claim (and you should). When you file an appeal, you will be given a date for an SSDI hearing.

What is an SSDI hearing?

An SSDI hearing is an administrative proceeding where you appeal a denied disability claim. The hearing is overseen by an Administrative Law Judge (ALJ), who will act independently and impartially. It should also be noted that the hearing is intended to be non-adverserial. This means that rather than focusing on proving one side right or wrong, the hearing is focused on collecting facts that the judge can use to make a decision.

During the hearing, you will have the opportunity to explain how your condition limits your ability to work by presenting medical evidence and giving testimony. The judge will likely ask you questions regarding your work history, daily limitations, and medical treatment. Generally, these hearings are not long affairs, typically lasting only 30-60 minutes. You can expect a decision to be mailed to you 30-60 days after the hearing.

Why proper preparation matters

It is extremely important that you take the hearing seriously and prepare accordingly. Approval is much higher at the hearing level than it is at initial application. Do not waste this opportunity. Make sure that you bring all relevant evidence to the hearing and that you have rehearsed what you are going to say. Not providing proper evidence or stumbling over your words can easily lead to your claim once again being denied.

What the judge is looking for

When the judge is reviewing your testimony and evidence, he is looking for proof of three specific things. These are:

Proof of a Severe Medical Condition: The judge will want to see comprehensive, objective medical evidence that proves you have a severe medical condition. This takes the form of diagnostic tests ( X-ray, MRI, blood test, EEG, etc., reports from treating physicians, and records of treatment.
Evidence That You Cannot Perform Past Work: You must show that you are no longer capable of performing the work you used to do. The best way to do this is by having aResidual Functional Capacity (RFC) assessment done by a doctor.
Evidence That You Cannot Adjust to Other Work: You must also prove that you would be unable to adjust to other work. The results of your RFC will also play a large role in this, as well as medical records detailing functional limitations and testimony regarding your inability to perform daily tasks.

If all of the above can be shown to the judge, then there is an extremely high likelihood that your claim will be approved. For this reason, you should be sure to have all of the mentioned medical evidence ready and on hand for your hearing.

Preparing your personal testimony

Your personal testimony should not be done completely off the cuff. Going in without a plan can easily result in forgetting to mention important details. In general, your testimony should include a detailed description of the symptoms you deal with everyday, and the daily limitations that result from them. You should also be prepared to describe your work history, being sure to demonstrate why you are no longer able to perform your former job.

Most importantly, make sure that you are completely honest with the judge. Do not attempt to exaggerate your story or to fabricate any parts of your testimony. Not only can being dishonest result in a denial, it could also result in you being charged with fraud.

How an attorney can help

The amount of help a disability attorney can provide cannot be understated. They will help you collect and organize the evidence needed to have your claim approved. They will also help you prepare your testimony, preparing you for the questions the judge is likely to ask. If you want to give your SSDI claim the best chance of being approved, an experienced lawyer is a necessity.