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Disability
Adjudication sessions |
by:
Tim
Moore |
SSA
hearings are fairly informal events. Usually,
such hearings are conducted at OHA offices
(not a courtroom) where the only people
present include the Judge (an ALJ, or administrative
law judge), the claimant, the claimant's
representative---if they have chosen to
retain one---and medical experts chosen
by the Judge.
AlJ hearings, as they are commonly known,
usually last no more than an hour and sometimes
only take 15 minutes. From any standpoint,
this is not an extraordinary amount of time.
Nevertheless, the time in which it takes
to hold a hearing is of paramount importance
to the person trying to win their benefits.
As very many claimants for benefits discover,
winning can make the difference between
having a stable monthly income or living
a life of uncertainty as to what will happen
next. It can even make the difference between
having a home and being homeless. It is
not at all uncommon to find, when a case
has dragged on for too long, that a claimant
is being threatened with eviction from their
home or foreclosure on their property.
The meeting before a judge is typically
the single most important event that will
occur in the process. It is a one hour event
that will make or break a case. And for
this reason, it should be prepared for properly.
Unfortunately, 99% of all claimants will
not have the skills or knowledge necessary
to properly prepare---AND WIN---a case.
Therefore, even though it may not be absolutely
necessary to have a representative before
the hearing level (for example, at the initial
claim and reconsideration levels) it is
vital to have representation at the time
of the hearing.
Here are some things to keep in mind if
it looks as though you will have to go to
before an ALJ: 1. go to the hearing. Believe
it or not, some people don't attend their
own hearings. Obviously, this is a huge
mistake and you should not expect a judge
to give you full consideration if you don't
show up at your own hearing. 2. Don't be
late for your appointment. This is something
that most judges have little tolerance for.
And the same reasoning applies: if you can't
be on time for your own hearing, the judge
can only conclude that it is not that important
to you. 3. Be prepared. That is, be sure
either you or your advocate has gotten and
submitted to the judge copies of all your
recent medical records. In most cases, you
can't win a case without all the records,
especially the most recent records being
submitted.
Follow these tips and you can maximize your
chance of being successful on an SSA benefits
claims.
About the author:
The author of this article is Timothy Moore,
who, in addition to being a former food
stamp caseworker, medicaid caseworker and
AFDC caseworker, is a former disability
claims examiner. He publishes information
at SocialSecurity
Disability Tips and Secrets which features
a helpful and informative Social
Security Disability faq
Circulated by Bandoni
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