According to USAFacts, 5.5% of adults in NY currently receive disability benefits. The same source states that about two million Americans apply for disability benefits every year, but per Social Security Administration data, the SSA initially only approves about one out of every three applications.
If you filed for Social Security benefits but the SSA denied your application, you can appeal the decision by filing a reconsideration letter. You may also need to attend a Social Security disability hearing, during which you’ll have to show that your condition prevents you from working. Our Social Security disability lawyers in New York can help you gather evidence and prepare for this hearing.
Before the Hearing
Your disability hearing is a crucial step that will typically decide the outcome of your claim. You should invest in thorough hearing preparation to give yourself the maximum chance of success.
Revise Your Claim
Before the hearing, go over your claim denied details with your lawyer. Make sure you understand why your application was initially. If any information or documents are missing, have them filed before the hearing.
Collect Your Medical Evidence
You need your full, updated medical records to prove your disability. The judge will scrutinize everything you say, so verify that you have the latest documentation reflecting your condition. Bring your physician’s statements, test and lab results, and other relevant documents.
Line Up Witnesses
Witnesses familiar with your condition can help the Administrative Law Judge (ALJ) better understand your disability. Close friends, family members, coworkers, and other people who understand your disability could give testimony.
Your primary physician could also discuss your functional limitations as an expert witness. Additionally, your lawyer may recommend enlisting other expert witnesses, like vocational consultants.
Go Over Potential Questions
Your lawyer will likely drill you on a list of questions judges often ask during a Social Security disability hearing. These usually revolve around physical abilities like sitting and walking, daily functions like bathing, dressing, cooking, and cleaning, pain levels, and any medications you take. Prepare to give clear, concise, and truthful answers.
What Happens During the Hearing?
Your hearing will take place in a conference room rather than a courtroom. Same hearings take place via computer (remote). Besides you, your lawyer, and the Administrative Law Judge, the hearing may involve a court reporter and witnesses. Social Security disability hearings aren’t open to the public. The atmosphere is usually less formal compared to a regular court hearing, but you’ll still give testimony under oath.
The judge, and possibly also your lawyer, will ask you questions about:
- Your personal and vocational background, including whether you’re currently working, whether and where you worked since the onset of your disability, and why you left your last place of employment.
- Your disability, such as how your medical condition affects your ability to work, how long you’ve had to live with your condition, how it began and progressed, and how it affects your ability to function.
- Any limitations to your physical activity include how long you can walk, how much you can lift and carry, and whether you can bend or climb ladders. If you previously had a job that involved prolonged sitting/standing, the judge may try to ascertain how long you can stand or sit before you need a break.
- Pain and mental health, like problems with getting dressed or maintaining personal hygiene, memory or concentration issues, pain levels, and how pain interferes with your daily activities and emotional well-being.
- Former activities that you can no longer perform because of your condition.
- Alcohol and substance use, if your records indicate that you’ve previously struggled with addiction.
Reaching a Decision
The judge’s ultimate goal is to gather enough information to determine whether your condition entitles you to SSDI benefits. Depending on how complex your claim is and how many witnesses must give testimony, your hearing could last 15 minutes to over an hour.
Sometimes, a judge will decide on the spot and let you know whether they’re ruling in your favor. Usually, however, you’ll need to wait a few of weeks before you know your hearing’s outcome.
Pitfalls To Avoid During Your Social Security Disability Hearing
While a Social Security disability hearing is a non-adversarial proceeding, it can still be intimidating, and feeling nervous is normal. Some judges are fairly easygoing, but others can ask “trick” questions that challenge your assertion of being too disabled to work. Avoid these common pitfalls during your hearing.
Exaggerating Your Symptoms
You’ll want to highlight the seriousness of your condition, but don’t exaggerate your symptoms. Doing this could harm your credibility. For example, it may not seem plausible that you experience back pain on a constant 10 out of 10 level.
Giving Vague Answers
Try to make your answers as specific as possible. Remember, you’re trying to give the judge a clear picture of your condition. Saying, “I’m often in a lot of pain,” won’t do much to help the judge form an opinion.
Instead, you can describe the pain, what makes it feel better or worse, etc.
Arguing or Showing Disrespect
Applying for Social Security benefits can be a frustrating process. Nevertheless, it’s crucial to maintain a calm, respectful attitude throughout your hearing. Stay friendly, cooperative, and candid when interacting with the ALJ. Let your attorney do most of the talking if you’re losing your cool.
Contact Our Law Firm To Consult Experienced Social Security Disability Lawyers in NYC
While some denials for SSD claims happen for legitimate reasons, it’s often possible to appeal a denied application with experienced legal guidance. At Pyrros, Serres & Rupwani, we have successfully helped many people collect disability benefits, even after an initial denial. We’ll work hard to build an strong case and represent you at your Social Security disability hearing.
Call (718) 626-7730, text (646) 902-4588, or contact us online for a free case evaluation by a New York Social Security disability benefits lawyer.
FAQ
What’s the maximum amount I can earn to qualify for Social Security disability benefits?
In 2024, you may claim disability benefits on up to $1,550 a month. Blind persons may earn up to $2,590 a month. Keep in mind that these numbers are subject to change, so make sure to check the latest limit before applying for benefits.
When will my hearing take place?
You may need to wait several months to a year for your Social Security disability hearing. This waiting period can allow you and your lawyer to gather new evidence.
What if I lose my Social Security disability hearing?
If your Social Security disability hearing concludes unfavorably, you can appeal the decision before the Appeal Council. You can present new pertinent evidence and arguments. We’ll explain your options in case you lose at your initial hearing.
Should I bring a lawyer to my Social Security disability hearing?
Yes, absolutely. New York Social Security disability claims lawyers can greatly improve the chances of your hearing concluding successfully. Experienced Social Security lawyers know what documentation to present at the hearing and what questions to direct at witnesses like medical and vocational experts. According to a study, about 75% of claimants choose legal representation.
