Friday, June 4, 2010

The Basics of SSA Hearings for Disability Claims Appeals

Majority of the claims in the initial and reconsideration stage of Social Security Disability claims will be denied.

In fact, many of these claims appeals are only approved in the Social Security Administration (SSA) hearing that is scheduled by the Office of Disability Adjudication and Review (ODAR).

The SSA hearing is administered by an administrative law judge (ALJ) and the process is pretty informal compared to a judiciary hearing.

Here you will be given a chance to present evidence and personally convince the judge of your disability and inability to perform substantial gainful activity.

To make you more optimistic, majority of all the claims that are scheduled for SSA hearings are approved after.

One of the possible causes of the sudden spike in approval rate is the presence of disability lawyers.

This is the stage where most claimants realize that they need the assistance from an expert to help them prepare a strong claim and to represent them in the hearing.

To emphasize the point, here are some ways how a disability lawyer can help your claim:
  • Gather more medical and other supporting evidence for your claim.
  • Talk to your doctor to get a medical report that is consistent to the regulations of the SSA.
  • Prepare you for your testimony in the SSA hearing.
  • Object to questionable evidence and procedures that can work against you
  • Cross examine medical and vocational experts to gain answers that is favorable to your claim
  • If you win, the disability attorney can calculate the correct amount of your benefits.
  • Represent you in federal court review if you lose your case
When to request for hearing?

You actually have 60 days from the date your disability claim was denied to decide if you want to pursue or not.

You will have to submit a request to ODAR and the SSA hearing will be assigned to an ALJ near where you live.

The average wait time for SSA disability hearing schedule response is 444 days.

Can a claimant go to an SSA hearing without a lawyer?

Yes you can, the question is do you really want to?

You have already been denied twice and you have waited a couple of months just to get an SSA hearing, do you really want to risk going at it alone.

Statistics show that the chances of success increases with the presence of a disability lawyer.

Besides, many disability lawyers come in a contingency basis where you do not have to pay unless your claim is approved.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

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