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Episode 110: Calloway County social security disability attorney Jeff Roberts addresses the question, “Do I have to appear for my social security disability hearing?” Jeff has almost 33 years of experience handling social security disability claims in Kentucky and other states.

Understanding the Social Security Disability Process
The first step is to complete and file the initial application. Statistically, this application will be denied for a variety of reasons. The second step is to file a Request for Reconsideration. Again, statistically, you will most likely be denied. Both of these steps are done on paper. Your claim will not have been reviewed by a judge, yet.

Once your Request for Reconsideration has been denied, you have the right to request for a hearing before an administrative law judge. This is the first time you’ll be able to testify as to your circumstances and why you believe you should receive disability benefits.

Why Is the Initial Application Denied so Often?
If you’re able to make the initial application on your own, you should do so. Once that has been denied, then it’s time to consider hiring a social security disability attorney to help with your claim. This is the point, at which, he prefers to get involved. It can help him to prepare the claim for the eventual hearing before the judge. There are many reports, medical records, and potential expert opinions that need to be gathered, before the hearing.

Can I Damage My Claim by Submitting the Initial Social Security Disability Application on My Own?
Jeff hasn’t encountered a situation in which someone submitted the initial application and it damaged their claim, in a significant way. The forms you’ll complete as part of the initial application are fairly straight forward. They include information about your daily activities, your work history (Form 3369), your job duties and physical requirements. You’ll also provide information about the doctors you’ve seen for your condition.

What Can I Expect at My Disability Hearing?
Once a request for a formal hearing has been submitted, you’ll decide how you’d like to participate in your social security disability hearing. You can participate via telephone, video call or in-person. Jeff recommends you request an in-person hearing, if possible.

Assuming you asked for an in-person hearing, on the day of your hearing, you’ll appear before the judge. He/she will have a better opportunity to actually see how you’re struggling with movements, walking, sitting for an extended period, etc.

Jeff is licensed to practice before the Social Security Administration in all 50 states. He’s handled disability in-person hearings throughout Kentucky, in Illinois, Missouri, Tennessee and Georgia.

Testifying at Your Disability Hearing
In Episode 100, Jeff gave his 4 Golden Rules for testifying at your disability hearing. This is a good reference, if you’re preparing for your social security disability hearing.

Make Sure You Are Working with a Licensed Attorney
In social security claims, there are consulting firms who offer to handle claims for injured clients, without actually being attorneys. Jeff was asked to take over for a case that was being handled by a social security disability consulting company. If your claim needs to be appealed to federal district court, the non-attorney consultant handling your claim will not be able to represent you in federal district court, because they aren’t lawyers.

Jeff describes a case that illustrates why appearing before the judge, in-person, can be important to your disability claim. This particular client had significant spinal issues. After multiple surgeries and nerve damage, the client had a difficult time walking and sitting/standing for any length of time. The judge was able to see how the person was struggling to stand up and the obvious pain involved. I influenced some of the questions the judge asked the vocational expert and played a significant role the judge’s decision to grant the disability benefits.

Can My Age Affect My Social Security Disability Claim?
Age can impact your claim. The Social Security Administration treats 18-49 the same. However, at age 50 the definition and the way the judge can evaluate your eligibility changes. At age 55, there is yet another change to the standard.

If you’re 49 or younger and don’t meet the Listings of Impairments (mentioned earlier in the episode), Jeff has to establish you cannot work an 8-hour per day, 5 days a week job. The younger you are, the more challenging it can be to convince the judge. There are some mental health and non-physical conditions that can come into play.

Is It Time to Speak with an Attorney about Your Social Security Disability Claim?
The office phone number is (270) 753-0053. Visit http://www.JeffRobertsLaw.com. Podcast provides information and is not legal advice. Principal office: 509 Main Street, Murray. Jim Ray is a non-attorney spokesperson. This is an advertisement.