If you need to file for Social Security disability, then file already…
Before I started practicing in this area of law, I had no idea the disability system even existed. It wasn’t until I was already out of law school and looking for a practice area that I stumbled across this huge body of law associated with the Social Security Administration.
That being said, I have made some observations I would like to share with you:
Do I Want A Video Teleconference Hearing For My Social Security Disability Case?
Honestly, it really depends on which state you live in.
In the past, I was a big proponent of face-to-face hearings conducted at the local Social Security disability hearing office. I felt the Administrative Law Judge (ALJ) was more personally involved in the hearing process, especially with the claimant in the same room. It was easier to understand the reasons why a person was unable to work. Often, people become very emotional when telling the history of their condition, and that can easily be felt inside a room where everyone is together.
My Social Security Disability Claim Was Denied – Now What?
First, you must not believe the idea that all claims are denied the first time in order to dissuade people from continuing to seek disability benefits. In reality, a little over 20% of all claims filed are approved the first time. On the average the percentage increases to about 30% for those who appeal to the reconsideration level and on the average a little of 40% of all claims that are appealed to the hearing level are eventually approved.
What To Expect At Your Social Security Disability Hearing.
You may be wondering what to expect at your Social Security disability hearing.
By the time a claimant has received two denials for disability benefits, he or she will have to decide whether or not an appeal should be made to the hearing level to have an Administrative Law Judge hear the case. This process alone can take up to a year before a decision whether or not to appeal is made.
Am I Disabled? This is a question many people ask themselves. They feel as though they are unable to work, so they should be considered disabled, right? Sadly, that is not how the process works. However, here are some guidelines to help you make your decision:
First, are you currently working right now? The Social Security Administration has a rule that states if you are engaging in “substantial gainful activity,” then you are not disabled. To make this very easy, if you are not blind and make more than $1,130.00 each month, then you will not be considered disabled. Now, the determination of substantial gainful activity is actually more complicated than this, but the easiest way to make the first decision as to whether or not you are disabled is to look at your gross earnings each month.
My doctor says I am disabled, then why did Social Security deny my disability claim?
Believe it or not, your doctor cannot make a determination that you are disabled. Disability is a legal determination reserved solely to the Social Security Administration. However, there are some things your doctor can do to help you better show to the Social Security Administration that you are incapable of working.