A Social Security hearing is a 45-minute appearance before an administrative law judge (ALJ). This is the one and only time during the process that you get to appear in person (with your representative at your side) and explain your case. This meeting can mean the difference between financial ruin and financial dignity. It's important to prepare well for it.
Here are some things that must be done in the weeks and months before your hearing occurs:
1. All your medical records must be submitted to the ALJ. This includes any new, recent or additional medical records of treatment that has occurred after your initial denial. These records must be up to date.
2. You or your representative must read every page of these medical records and become familiar with the facts they contain. This is the heart of your case. Records can contain hundreds or thousands of pages and this is a very tedious and time consuming process.
3. You must determine where and how your medical records prove that you are disabled according to Social Security's rules. This is exactly what the judge will require you to do. (We often refer to this as the legal theory of the case):
5. Other important factors that must be tied into the case include your educational level, age and any opinion evidence offered by your doctors. All these factors will influence the judge's decision.
There may be 40 to 100 professional hours, or more, required to get the case ready for hearing. That is to say, an attorney or non-attorney professional may spend up to 100 hours or more just getting ready for the 45-minute hearing. (Hearings are often won or lost before they start--based simply on effective preparation).
Here are some things that must be done in the weeks and months before your hearing occurs:
1. All your medical records must be submitted to the ALJ. This includes any new, recent or additional medical records of treatment that has occurred after your initial denial. These records must be up to date.
2. You or your representative must read every page of these medical records and become familiar with the facts they contain. This is the heart of your case. Records can contain hundreds or thousands of pages and this is a very tedious and time consuming process.
3. You must determine where and how your medical records prove that you are disabled according to Social Security's rules. This is exactly what the judge will require you to do. (We often refer to this as the legal theory of the case):
- Do you meet the medical criteria for a Listing?
- Does a grid rule direct a finding of disabled?
- Must you get past Step 4 or 5 of the sequential process to be found disabled?
- What exhibit numbers and page numbers prove that you meet Social Security's regulations?
5. Other important factors that must be tied into the case include your educational level, age and any opinion evidence offered by your doctors. All these factors will influence the judge's decision.
There may be 40 to 100 professional hours, or more, required to get the case ready for hearing. That is to say, an attorney or non-attorney professional may spend up to 100 hours or more just getting ready for the 45-minute hearing. (Hearings are often won or lost before they start--based simply on effective preparation).
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