If you are filing an application for Social Security Disability Insurance Benefits (SSDI) and Supplemental Security Income benefits (SSI), then you already know how frustrating the process can be. If your application is denied, then you must appeal the SSA’s decision. Likewise, if you are denied again, then you must request a hearing. If you are looking for clues that you will win your SSDI and SSI benefits, then read Below will tells you some signs you will win your SSDI and SSI benefits.
What Happens During a Disability Hearing?
At the hearing, the disability claimant will testify regarding their work history, impairments, how their symptoms impact their day-to-day life, and why they feel they are unable to work. The judge will listen to testimony and review all the medical records in the claim, supporting statements from treating physicians and family members, and any prehearing written legal briefs submitted by the attorney representative.
Many hearings end with the judge advising the attorney and claimant that all evidence will be considered and a written decision will be released after the hearing, without issuing a final decision on the record at the hearing. The attorney is also responsible for asking the client direct questions while the judge listens. The attorney will elicit the strong points of a case, highlighting the evidence that falls under the SSA definition of disability, and attempt to explain any weaknesses in the case.
During the hearing, the judge and attorney will also question the experts, who are hired by the Social Security Administration to testify regarding jobs in the national economy for people with disabilities, including what types of workplace limitations jobs allow and do not allow. In some cases, the ALJ will also call a medical expert to testify at the hearing. The medical expert’s testimony usually takes place at the beginning of a hearing, while the vocational expert’s testimony takes place at the end.
Process if SSDI Claim Denied
Initial Application: SSDI claimants begin the process of applying for Social Security Disability benefits by submitting an initial application for SSDI benefits. This application can be submitted in person at a local Social Security hearing office, over the phone or online.
Request for Reconsideration: If an initial application is denied, the SSDI claimant will need to file a ‘Request for Reconsideration‘ with the Social Security Administration (SSA). Disabled claimants must file their appeal within 60 days of receiving the denial.
Hearing: If your claim is denied at Reconsideration, it will progress to the SSDI hearing stage. The good news is that this is the stage where most Social Security disability claims are approved. Once again, you have 60 days from the date of Reconsideration denial to file a ‘Request for Hearing.”
Appeals Council: If your claim is denied at hearing, you can appeal the decision a final time before the Appeals Council, but the odds are low that the Appeals Council will overturn the ALJ’s decision at hearing.
What Should I Know if I’ve Been Called to an SSDI Hearing?
If the Social Security Administration (SSA) denies your application for Social Security Disability Insurance (SSDI), you may have to file an appeal and attend an SSDI hearing. Providing a solid testimony at the hearing will be critical in receiving any SSDI benefit.
For example, you’ll need to have answers to the following questions:
- What medical conditions caused you to become disabled, and what symptoms have you experienced?
- What mental and physical limitations did your disability cause?
- Your medications and medical treatments for your medical condition
- What is your work history?
- You’re training and education
- Your daily activities and how your disabilities have hampered your ability to perform those activities
Signs you won your SSDI hearing
You have sufficient work credits to qualify for SSDI benefits
To be eligible for SSDI benefits, you need to have earned enough work credits through Social Security taxes. The number of credits required depends on your age and when your disability began.
Your medical conditions prevent you from working for over one year
If your medical conditions prevent you from working for at least a year, you may qualify for SSDI benefits. Short-term conditions that last less than 12 months typically do not qualify.
Strong medical evidence supports your disability claim
Having substantial medical evidence that shows your condition is severe is crucial for winning SSDI benefits. Regular visits to your doctor and comprehensive medical records are key to supporting your claim.
You are over 50 years old
Being over 50 increases your chances of winning SSDI benefits, as the SSA recognizes it may be harder for older individuals to learn new skills or find new employment.
You can no longer perform your previous job
If you can prove that your medical condition prevents you from doing your past job, it strengthens your case for SSDI benefits. Employer records that show you couldn’t work due to your condition are helpful.
You can’t perform even sedentary work
If you can’t handle even sedentary (desk) jobs due to your disability, you’re likely to win benefits. Proving that your physical limitations prevent you from doing any kind of work is crucial.
You’re limited to unskilled work
If your education and skills are limited to unskilled work, and your disability prevents you from performing even these jobs, you have a strong case for SSDI benefits.
You can’t sustain a 40-hour workweek
If you can demonstrate that you are unable to work a full 40-hour week due to your condition, such as needing extra breaks or being unable to stay on task, it’s a strong sign you’ll win benefits.
Positive indicators during your hearing
During your SSD hearing, certain signs like a judge’s favorable remarks or minimal questioning can indicate a likely win. However, the final decision is always up to the judge.
You have a Social Security attorney
Hiring an experienced Social Security attorney greatly improves your chances of winning SSDI benefits. Attorneys can guide you through the process, gather necessary evidence, and file appeals if needed.
Who/What Is a Vocational Expert?
At a Social Security hearing, a vocational expert is an expert witness called by the SSA to testify. They provide insight on:
- Job types and availability in your area
- Skills required for various jobs
- Whether you can work despite your limitations
The expert reviews your medical records, listens to your testimony, and advises the judge on your ability to perform past jobs or learn new skills. They answer questions from the judge and your lawyer about your condition and potential job capabilities.
What Options Do I Have if I Haven’t Won?
After the ALJ denies your Social Security Disability claims at the SSDI hearing, your next option is to appeal the judgment by filing a request for evaluation with the Appeals Council. Unfortunately, that’s often the last step in the legal process.
Although the Appeals Council isn’t likely to reverse the ALJ’ ‘s judgment, it happens sometimes. You can also refile an application for Supplemental Security Income (SSI) or SSDI after a judge denies your claim. But, again, there’s no limitation on how many times you can refile an application.
Consider hiring a social security disability lawyer to review your legal options if an SSDI hearing doesn’t go well.
Conclusion
After you apply for benefits, you will usually wait four to six months to get an initial decision. If your application is denied, then you must appeal the SSA’s decision. Waiting for a hearing date can take up to a year. How long you have to wait depends on where you live in the country. During the two years that it takes to get a hearing, you will be wondering what the SSA will decide. Signs you will won your SSDI hearing can be depend on the presentation of your case.
FAQs
What Is a Vocational Expert?
During the Social Security hearing, a vocational expert is called to testify. Again, a vocational expert is an expert witness brought in by the Social Security Administration (SSA). The SSA calls them at your appeal hearing to testify on; The kinds of jobs in your area and how many of those jobs there are, the skills needed for various types of jobs, If they feel you can do any of those jobs even with your limitations.
What Options Do I Have if I Haven’t Won?
After the ALJ denies your Social Security Disability claims at the SSDI hearing, your next option is to appeal the judgment by filing a request for evaluation with the Appeals Council. Unfortunately, that’s often the last step in the legal process.
How long after disability hearing should I hear of a decision?
Every judge and hearing office is different, however, expect the decision to arrive in the mail 1–2 months after the hearing. The judges are not given deadlines for decision writing, and due to staffing or backlog issues, the decision may take longer than 1–2 months in some cases.
Do You Need a Disability Attorney?
Yes, having legal representation significantly increases your chances of winning your case. Studies show that people with an attorney are three times more likely to succeed. An attorney will review your medical records, gather any missing documents, and submit them to the SSA.
