WORST MISTAKE PEOPLE MAKE AT DISABILITY HEARING

DON’T MAKE THIS BIG MISTAKE

Waiting for a hearing with a judge from the Social Security Administration can take years. From filing an application for SSD benefits to the date of your hearing can be a two year wait.  You would think that such a long wait, most people would be eager to have their hearing. However, many people make a huge mistake.

So, what is the worst mistake people make when they have a hearing before an SSA judge? Believe it or not.

THEY DON’T SHOW UP!

You may be shocked to find out that many people, despite ample notice, miss their Social Security hearing. This is a HUGE mistake!  Don’t let this be you. Not showing up to your hearing has serious consequences for your SSD claim.

There is really no excuse for making such a critical mistake.  You know about your hearing date 75 days in advance. Also, you get notice of your hearing in the mail and must confirm that you will be there. Additionally, if you have an attorney, they will remind you of your hearing.

Finally, by the time you receive your hearing notice, you will have been waiting for up to two years. There is really no excuse to miss the hearing. One of the only reasons you can miss a hearing is because of an emergency hospital stay. Also, if you miss the hearing without a good reason, then the judge can dismiss your case. If the judge dismisses your case, then you will have to start all over again.

If your date late insured expires and you miss your hearing, then you could lose out on all SSD benefits. If you apply again, then you will have to wait another two years to get a  new hearing. Additionally, you will lose out on all of the benefits from your first application.

DON’T MAKE THE MISTAKE OF BEING LATE:  ARRIVE EARLY AND BRING A VALID ID

Don’t make the mistake of not being on time to your hearing. You should arrive early. Give yourself time to park and go through security. Once you arrive, check in to the hearing office so they know you are there.

Also, don’t make the mistake of not bringing a valid form of identification. You will need to bring a VALID ID to the hearing office. This means a valid drivers license, passport, or state ID that has not expired. If your ID expires it is not valid. Go get a new, valid one prior to the hearing so that you don’t have problems.

Most SSA hearings are held in government buildings, like the Federal Building. For example, hearings in Salt Lake City are in the Federal Building downtown. In Oakland, the hearings are at the Ronald V. Dellums Federal Building. This building also houses the IRS, the Veterans Benefits Administration, and the U.S. District Courts.

Because hearings are often held in Federal Buildings, you must have a valid ID in order to get through security. They will also check your ID twice. Once when you enter the building and for the second time, when you enter the hearing offices.

If you fail to get a valid ID, then you have made the second worst mistake. Because even though you may show up to your hearing, the security guards are not going to let you in. So, in short, after a two year wait, now you can’t have your hearing.

CAN YOU POSTPONE OR CHANGE YOUR HEARING DATE?

It is possible to change your hearing date. However, it can only be done in the most extreme circumstances. Don’t make the next worst mistake and fail to inform the hearing office that you can’t make your hearing date.

For example, if you have a medical emergency and are in the hospital, then call the hearing office. Tell them you won’t be able to make the hearing date. Sometimes, they can hold the hearing by phone if you are in the hospital.

If you have a car accident, for example, on the way to the hearing, then call the hearing office. Then, tell them why you will not be there. Also, let your attorney know you won’t be there. If you have an attorney, then they can contact the hearing office for you. They can arrange to have your hearing on another day if you are in the hospital. However, your attorney can’t ask for a new hearing date without a serious reason. Thinking you aren’t ready for the hearing is not a good reason to change the hearing date.

Next, you will you need to get proof from a doctor as to why you weren’t able to attend your hearing. If you have an attorney, then provide that proof to them so they can submit it to the judge. Otherwise, the ALJ is going to dismiss your hearing request and deny your case. Please remember, this is a court of law. The Judge is a real Judge. When the Judge orders you to be there, you need to show up.

FINAL WORST MISTAKE? FAILING TO PREPARE FOR THE HEARING

You can’t get benefits without showing up to your hearing. You are the main witness. What you have to say is crucial to your case. There is really no valid excuse for not coming to your hearing.

Most of the time, there is a two year wait to have a hearing. If you want the government to grant your benefits, then you need to be at your hearing. You also need to be there on time and be ready to testify.

Additionally, wear court attire. That means nice, clean clothing. Not clothes with holes in them. Don’t wear dirty clothes, shorts, or a t-shirt. Also, don’t wear pajamas. You don’t need to wear a suit and tie or a fancy dress. But, the judge expects you to know the hearing is important. You can do this by wearing clean, nice clothes. Like a dress shirt, a pair of dress slacks, a sweater, or a nice jacket. How you look matters. The judge is judging you. Dress accordingly.

On the day of your hearing, you need to discuss the symptoms of your medical conditions. The judge will ask you many questions about what you can and cannot do during a normal day. Also, the judge will ask you about your treatments and medications. Learn about trick questions at the SSA hearing.

If you can’t answer the questions properly, then you will lose your case. Therefore, you should hire an attorney. Your attorney can help you understand what questions the judge will ask at your SSD hearing.

DON’T MAKE THE MISTAKE OF NOT PREPARING FOR THE VOCATIONAL EXPERT

If you do not meet or equal a listing at step three, then the judge may call a vocational expert (VE) to testify at your hearing. The Judge will ask the VE whether or not a person with your medical condition can work. Typically, the Judge will ask the VE three to four different questions at the hearing. These questions will include many symptoms that come from your medical issues.

For example, if you have a mental condition, then the Judge may ask how concentration impacts jobs. Or, the Judge may ask what kind of work is available to a person who cannot lift more than 20 pounds. The Judge’s questions will center around your residual functional capacity (RFC). Under step four of the SSA review process, the judge must ask these questions.

The judge will then ask questions to the VE about what kind of work you can do. The just and the VE will use your RFC to determine if you can work. Learn about VE testimony. You need to be able to question the VE about their testimony. This is not an easy thing to do. VE testimony depends on many factors. To prove you cannot perform certain jobs, you need to know how to eliminate jobs from consideration. It is best to hire a lawyer to help you through this part of the hearing, which is step five of the SSA review process.

PREPARE FOR THE MEDICAL EXPERT

There may be a medical expert (ME) at your hearing. Don’t make the mistake of not being ready for the ME testimony. The ME can testify about your RFC. Also, the ME’s testimony will be based on your medical records.

The medical expert can ask you questions during the hearing. But, the ME’s questions are usually only to clarify a fact in your medical history. Often, the ALJ will decide whether the ME’s question are important to the judge’s understanding of the case. You should be able to question the ME about the medical evidence in your record. Also, you need to know what listing applies to your case. That way, you can argue that you meet or equal a listing under step three.

If you don’t know enough information to question the ME, then hire a lawyer who knows what to do. The ALJ may also ask the questions herself. Or, she may allow the ME to ask you some questions. The ME, however, cannot conduct any type of physical or mental exam during the hearing. If the ME tries to do so, then your attorney should object. Learn about medical expert testimony.

WE CAN HELP YOU WIN YOUR SSDI & SSI BENEFITS

You also need an attorney with experience to represent you in court. Find out what medical evidence you need to submit to win your SSD hearing.

Our lawyers have won over 20,000 SSDI and SSI cases. We have the experience that you need to win your SSDI and SSI benefits.  If you need a lawyer to help you, then contact our law firm. Put our legal experience to work for you. We will keep you from making big mistakes.

If you want to learn about the lawyers and staff at our firm, then review our About Us page. For example, Andria Summers can help you prepare for your hearing. She has also won thousands of Social Security cases. Dianna Cannon has been helping her clients win SSD benefits for over thirty years. Brett Bunkall also has years of experience helping people obtain their SSI and SSDI benefits.

Together, in the past 30 years, we have won over 20,000 SSDI and SSI cases for our clients. Our lawyers and staff can help you apply for SSDI and SSI benefits using the SSA’s website. Likewise, if you need an appeal, we can help you do that too.

There are also many forms you need to fill out. Don’t worry. If you have questions about these forms, then we will answer them. You can learn about how to fill out SSA’s appeal forms. Call us for free today.

WE OFFER A FREE REVIEW OF YOUR SSD BENEFITS

If you need help filing for benefits, reach out to Cannon Disability Law. Also, if you need help finding free medical care, use our list of free and low cost medical resources. Taking the first step, by calling us. Hire a lawyer to begin your journey to winning SSD benefits. All you need to do is reach out to our legal team.

Our legal team wants to help you. We offer a free review of your case. What that means is that you can call us and explain your situation. At that point, we will look at the merits of your case for free. Then, we will let you know if you have a chance to qualify for benefits. We do not charge you for a review of your case.

There are many reasons to hire an SSD attorney. But the first reason is it pays to hire an attorney with years of legal experience. Experience counts. It wins benefits. Our team has the experience you need to win your case.

In the past 30 years, we have won over $100 million in SSDI and SSI benefits for our clients. If you need our help, then call us. We are experts at what we do. And, we will put our knowledge to work for you. Hire us to be your Social Security legal team.

Additionally, we help clients in many states, including Nevada, Utah, Idaho, and California. Find out about Nevada SSD and SSI benefits. Learn about Utah SSD benefits and California SSD benefits. We also have information about Idaho SSD benefits.

No matter where you live, we want to be your legal team.  Contact us today. We will do our best to help you so you don’t make any mistakes prior to your Social Security hearing.