The Social Security Benefits Hearing: A Client's Legal Guide

ask if any of these groups of restrictions would “hypothetically” allow you to perform any types of jobs.

   

  10.  The JUDGE then lets your attorney ask the Vocational Expert questions.  Your attorney can cross-examine the Vocational Expert to clarify his or her previous answers to the judge.  Your attorney may also offer his or her own “hypothetical questions” to the Vocational Expert, which adds medical restrictions that may further limit your ability to do the jobs the Vocational Expert brought up.  Your Hoglund Law Offices attorney is experienced in raising relevant vocational limitations and addressing inconsistencies in vocational testimony.   

   

  11.  Your attorney may ask to make a closing argument.  This is your attorney’s way to summarize how the law applies to your medical evidence, eliminating the jobs mentioned by the Vocational Expert.  If the judge at your hearing agrees with our attorney that you are disabled and eligible under the law to receive benefits, you will be approved. 

   

  Having a licensed attorney who knows federal statutes, regulations, rulings, and case law makes a difference.  Hoglund Law Offices has only trained attorneys at your hearing.  If you are not a client of Hoglund Law Offices, and you want only a licensed attorney at your hearing, you should ask.

   

  My Hearing Day

   

  What should I bring? What should I wear?

  Your attorney will bring a copy of your hearing file that the judge already has to your hearing.  You should dress nicely, but comfortably. 

   

  On the day of your hearing, feel free to bring new paperwork you believe your attorney may not have.  Your attorney will review it to determine if the judge may need it.  Also, you should bring information about your medications as described in our letter we send to you before your hearing.  

   

  Fearing your hearing?

  Our clients are concerned about getting approved.  This is understandable.  But beyond this, our clients are also anxious about the unknown.  How will I find the hearing location?  Who will be there?  You can reduce your hearing day anxiety by knowing more about your hearing day.  Reading through this legal guide may help. 

   

  A few hundred of my clients each year are also anxious about having the “right” answers to questions at the hearing.  I tell them to be themselves, since they are explaining their lives in their own words.  In my experience, they are less anxious when they realize that the hearing is not a test or medical examination, but simply a meeting about what their doctors have already verified. 

   

  As I mentioned previously, when answering questions:  (1) Listen to the question, (2) tell the truth, and (3) keep it simple. 

  Another way some of our clients reduce anxiety before their hearings is to visit the hearing site before the hearing day.  You should look at the address of your hearing on your hearing notice and verify that you understand where this is.  You can also do more: 

   

  “You can drive to the location on a weekday a few days ahead of time to verify where it will be held.  (A weekday is important because some hearing locations may not be open on weekends.)  Once there, look at the surroundings.  Know which floor and area to go to.  Also anticipate practical concerns such as parking.  These steps lower stress on your hearing day….Hearings are not always where you expect them — even knowing the address.”  

  (Excerpt from the author’s legal blog.) 

   

  Does my attorney need any legal forms for my hearing?

  Yes.  Your attorney will verify that he or she has updated Social Security forms regarding your representation and fee agreement. 

   

  What happens just before my hearing?

  Our practice is that you and your attorney should appear at the hearing location (at the address noted out in your mailed hearing notice) about 1 hour before the scheduled hearing time.  Upon arrival at the hearing site, your attorney will get a copy of a computer disk that stores your most recently updated hearing file.  Your attorney will review this to verify that all the updated evidence is in.  Your attorney may also present new information to the judge’s Hearing Assistant at this time. 

   

  Depending on your judge, your Hoglund Law Offices attorney may go into the hearing room before your hearing to discuss important aspects of your claim.  

   

  What is my Social Security hearing file?

  Your hearing file is Social Security’s electronic version of all the paperwork from your Social Security benefits claim.  It is usually on a computer disk, although a paper file is possible.  The judge and any experts appearing your hearing will also have a copy.  Your hearing disk contains all the forms you completed, all notices you already received, and (most importantly) the medical records from your medical treatment. 

   

  Important note:  Social Security will generally assume that you (through your attorney) have submitted updated medical records dating back from your hearing request.  To plan for this, your attorney’s staff will contact you before your hearing to finalize updates of your records.  So, it is very important to: 

   

  1.  Always update our offices whenever your contact information changes.

  2.  Keep track of all the places you receive medical care in a notebook.

   

  These steps help avoid surprises about unknown records at the hearing.

   

  What if I miss my hearing?

  You may ask the judge to postpone your first hearing if you are unable to make it for a good reason.  Call your attorney’s office immediately whenever possible if this may happen.  The judge will usually verify the reason you missed your hearing in a letter to you.  If your hearing is postponed, a new hearing may take a few months (depending on your area of the country). 

   

  Important note:  It is unlikely you will be able to postpone a second hearing.  Also, prepare for the possibility that your judge may not postpone your first hearing if you miss it.  If you miss your first hearing, your attorney will explain what he or she will do next.

   

  Legal Concepts for Hearings

   

  What kinds of Social Security benefits are there for disabled people?

  There are two basic kinds of Social Security benefits for disability:

  DIB = Disability Insurance Benefits.  These benefits are available to any eligible worker who will be unable to work for at least 1 year or more due to a medical condition.

   

  SSI = Supplemental Security Income.  These benefits are available to any person who financially qualifies and who will be unable to work for at least 1 year or more due to a medical condition.

   

  If you are eligible for both these benefits, you have a “Concurrent Claim”.  A concurrent claim is fairly common.  DIB offsets SSI, and is generally a better benefit than SSI.  You can speak to your attorney about what benefits you are eligible for.

   

  When am I first disabled?

  The first date you claimed you could not work due to a medical condition is called the “Alleged Onset of Disability”, or AOD.  The judge usually decides either during or after your hearing if the medical records support this date or a later date of disability.  Of course, the judge may also conclude you were never disabled.  Your attorney will discuss how your evidence supports your AOD. 

   

  Important note:  When a judge requests you to agree to a later “Alleged Onset of Disability”, your attorney will weigh your options and advise you.  Ongoing disability payments may ultimately be more valuable than back payments of Social Security benefits.  Keep in mind that Disability Insurance Benefits are not payable the first 5 full months after your “Onset Date of Disability”.    

   

  What is my ??
?Filing Date”?

  Your “Filing Date” for your current claim is the date you: 

  (1) First contacted Social Security about benefits, followed soon after by a

  (2) Completed application for Social Security benefits. 

   

  If you contacted Social Security but did not follow-through with an application, this is unlikely an official “filing date”.  Our offices can help you apply for benefits if you haven’t already. If you applied before but failed to appeal a prior claim, you likely have a “prior” claim.  If you have a new claim, your attorney may request to reopen this prior claim under certain circumstances. 

  Does my “Filing Date” matter? 

  Yes.  The Filing Date matters because Disability Insurance Benefits and Supplemental Security Income pay out back pay differently.  By the time you get to a hearing, you may have been disabled for a few years.  This “back pay” is generally available to you if you are approved back in time, or retroactively, for benefits.  Back pay varies based on the: 

  (1) Date you are found disabled, and the

  (2) Kind of benefits you are eligible for. 

   

  The kind of benefits you are eligible for determines how far back your maximum back pay can go, as explained below (partial months do not count): 

   

  Disability Insurance Benefits is payable up to 1 year before the application date forward.  Supplemental Security Income is payable from the application date forward. 

   

  So, if you believe you will be disabled from work for a year – apply for benefits.

   

  Does Social Security make medical findings like workers’ compensation?

  No.  Although both legal systems determine your medical problems, the legal questions are different.  In Social