WHO HAS A RIGHT TO A DISABILITY HEARING?

Claimants who have been denied Social Security disability benefits have a right to a hearing before a US administrative law judge (ALJ).

Here are the steps that must be taken in order to get a hearing:

1. You must apply for Social Security disability and be denied.

2. You must appeal that first denial and be denied again at the "Reconsideration" stage.

3. You must appeal the Reconsideration denial and ask for a hearing before an administrative law judge. That hearing will be granted within about 8 months.

Note: All appeals must be filed within 60 days after the denial.

At your hearing you will appear before an impartial administrative law judge (ALJ) who will review your case with you and your attorney, take testimony from witnesses and give you a new decision. The ALJ is not bound by any former actions of the Social Security Administration (SSA) but is bound by the SSA's rules and regulations.

It is very important to prepare for your hearing and know what to expect. You should understand the type of questions you will be asked and pitfalls to avoid during the hearing. This is best accomplished with the help of an experienced disability attorney who knows the process and the rules. While you are not required to have a lawyer in the hearing, it will give you a better chance to win. A study found that only 31 percent of claimants are approved without using a lawyer, while 60 percent who use a lawyer get approved.

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The Forsythe Firm, Huntsville, AL (256) 799-0297