If your initial application for Social Security disability benefits is denied (and in Nebraska last year 51% of initial applications were denied and in Iowa it was even worse 56% of initial claims were turned down), you have the right to appeal the denial and be granted a hearing in front of a Social Security Administrative Law Judge (ALJ). Statistics clearly show that the appeal hearing is your best chance to be awarded benefits. And, yes, you most likely will have to testify in person—the majority of claimants are required to appear in front of the judge to answer questions about the symptoms of their disabilities and how those symptoms prevent them from being able to maintain gainful employment.
Many clients think the lawyer will do all the talking at the hearing and they shouldn’t say too much. But while we will argue your case, you will be best served by being descriptive. The appeal hearing is your best chance to present your claim because you get to make your case in-person and it is the most important part of your disability claim.
During your hearing, the Administrative Law Judge who is presiding will ask you questions about what you are physically capable of doing. He or she will ask questions like: “How long can you stand?” “Can you walk a mile?” “How do you spend your typical day?” “Can you do the dishes?” The ALJ is attempting to determine your “residual functional capacity” (RFC); that is, what you can still do despite your impairments. The ALJ is trying to get a handle on what you can do during a workday and a work week. (A Hearing Tip for claimants: When testifying at your hearing, do not assume the judge knows how you feel. You want to put the judge in your shoes by being descriptive and specific.)
“Being thoroughly prepared for your hearing is critically important and this is where an attorney can really help you. At Cuddigan Law from the moment we start representing you, we work hard to gather all the medical records from your health care providers that will support your case. We believe in carefully preparing our clients in person well in advance of the hearing, rather than showing up on the day of the hearing and hoping for the best. With our preparation, clients will be much less likely to be tripped up on pitfalls, traps, or “gotchas”. But winning disability benefits takes a team effort. To have the best chance of success, clients need to play an active role in their cases.
At Cuddigan Law we have a powerful team of disability specialists who will be working on your case, but that team becomes even stronger if you are engaged and involved. Contact us for a free evaluation of your disability case and to learn more strategies to help you win the disability benefits you have rightfully earned.
