Do I Need a Lawyer for a Disability Hearing?

A lawyer is not legally required for a disability hearing, but they can help you achieve a favorable outcome. An attorney can help you understand disability law, gather evidence concerning your condition, and advocate for you during the disability hearing itself.

Social security is notoriously complex, and appealing denials have specific rules. A Social Security disability lawyer in Atlanta can ensure that you meet these requirements and that you receive a fair hearing.

What Happens at a Social Security Disability Hearing?

When the Social Security Administration (SSA) denies a disability application, you can request a reconsideration and administrative review. The point of the hearing is to provide evidence that you are disabled and qualify for benefits.

During a hearing, you will present medical evidence, expert testimony, and personal statements regarding your condition and ability to work. The administrative judge will ask you some questions about your disability and may have healthcare providers provide input.

Getting a Lawyer for a Disability Hearing

Disability hearings are less formal than trials, but you need to be prepared to advocate for yourself. You don’t need a lawyer for a disability hearing, but having one can only be an advantage. Below are some ways a lawyer can help during your hearing:

Prepare for the Hearing

Most importantly, a disability lawyer can help prepare you for the hearing by ensuring that your appeal is filed correctly. The SSA requires you to first request a reconsideration, then schedule a hearing if you receive a denial. You must go through reconsideration first before you can receive a hearing in front of a judge.

More generally, attorneys know what the disability determination process looks like and can walk you through what to expect at a hearing. If you know what a hearing will be like, you can be more confident and prepared.

Gather Medical Documentation

Your attorney can also gather medical documentation to prove your disability. When the SSA denies a disability application, they must give a specific reason for the decision. Most of the time, the denials relate to a lack of medical documentation showing the condition.

A lawyer can comb through your medical records to find additional requested evidence concerning your diagnosis and treatment plans. They can also contact healthcare providers to obtain additional documentation.

Cross-Examine Medical and Vocational Experts

During the hearing, you may present medical and vocational experts to attest to your condition and work limitations. A lawyer will know how to cross-examine these witnesses and ask the right questions to demonstrate your disability and restrictions.

For example, the attorney can ask medical experts about typical treatment and functional limitations for your disability. They can ask vocational experts about what skills and capacities your work requires and whether your disability makes you unable to work.

Practice Testimony and Answers

During the hearing, the judge may ask questions about your condition and have you give personal testimony. Your testimony and answers need to be consistent with the medical evidence and not overstate or underestimate your limitations.

Ambiguity and exaggeration can work against you and result in a denial. A lawyer can coach you through responses so you avoid making untrue statements that could jeopardize your case.

Escalate the Appeal Process

If your hearing receives a denial, there are other mechanisms to escalate the case. An attorney can request a hearing decision review and, if that doesn’t work, appeal the decision to the highest level in a federal court.

A Lawyer Can Help You Avoid Common Mistakes

Disability lawyers understand how social security disability is decided and can help you avoid common pitfalls and mistakes that could hurt your chances, such as the following:

• Missing deadlines. The SSA has strict deadlines for filing, and missing them can result in an automatic application denial, even if you otherwise qualify for disability. A lawyer will file appeals and promptly respond to information requests from the SSA.
• Insufficient medical evidence. A large portion of disability denials is because the applicant doesn’t provide enough medical documentation. Your lawyer will know what kind of evidence is necessary to prove your disability claim.
• Making inconsistent statements. The SSA will go over your application and personal documents with a fine-toothed comb to look for inconsistencies or incomplete information. Your lawyer can go over your materials to ensure you have an airtight case with little chance of denial.
• Giving up. A denial is a frustrating roadblock, but it’s not the end of the road. A lawyer can help you pursue further options for securing disability and appealing denials.

Contact a Social Security Disability Lawyer Today

You need a lawyer for a disability hearing if you want to give yourself the best chances of success. The team at John Foy & Associates has over 350 years of combined experience and a passion for helping clients however we can.

We are known as The Strong Arm in Georgia due to our perseverance and relentless advocacy. You can count on us to explore every strategy to receive a favorable outcome for your disability application. Contact our offices today to speak to a Social Security disability lawyer about your case.