What To Expect If You Have To Attend A Social Security Disability Hearing

by | Feb 19, 2015 | Law

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If you apply for Social Security disability benefits and have the application denied there are three further steps that you can take. Within the framework of Social Security you can ask for a reconsideration of your application, you can then step it up to a hearing and then you can advance it to the Appeals Council.

A request for a Social Security disability hearing is something that is made in the event the request for reconsideration was either denied outright or it resulted in a partially favorable decision only.

When and where is the hearing held?

As the Social Security administration is fully aware of the difficulties encountered by a disabled individual they try to hold the hearing within a 75 mile radius of where you live. You and your Social Security lawyer in Tampa will be advised of the date about three weeks before the hearing is scheduled. With almost 75 percent of initial applications being denied it stands to reason that there is a huge backlog of requests for a hearing, so much so that you may have to wait as long as a year for your hearing .

How does a hearing differ from a reconsideration?

There is a big difference between reconsideration and a hearing; a hearing is done in front of an administrator, he or she can see you and talk to you and your can do the same. In an attempt to adequately define the extent of the disability words often fail, during the hearing you and your Social Security lawyer in Tampa can explain in detail exactly what your physical or mental limitations are, you can actually show the limitations to the judge. During the hearing your lawyer can present depositions, call your doctor as a witness as well as call upon family and friends that know firsthand what your limitations are. Your lawyer can also cross examine expert witnesses at this time as well, vocational as well as medical experts that the judge may call to testify.

Legal representation at the hearing:

A hearing is a legal proceeding and as such it is very important that you have a Social Security lawyer in Tampa at your side. As well as being able to properly prepare your case for review, your lawyer can explain in detail what you can expect and give you pointers on how to be effective during the hearing. The lawyer can help you if you wish to question any of the witnesses that the administrative judge requested.

After all this there is still no guarantee that your application will be approved, if it is denied again then the next phase is to request a review by the Appeals Council.