Gardberg & Kemmerly, P.C. Attorneys at Law

What should a person expect at SSD disability hearing?

Did you know that Mobile residents who qualify for Social Security Disability benefits for injuries could be turned down by the Social Security Administration? Just because a person is qualified to receive Social Security benefits doesn't mean that they will be automatically given. They have to be sought after, like just about anything in this life, and there is a certain way one has to go about it. For those who are unable to work due to their injury SSD benefits could be a legitimate means of achieving income supplement.

This would be what is known as applying for SSD benefits. The first step in the process is reconsiderations and the second step is a hearing in front of an Administrative Law Judge. Knowing when and where your hearing will be can be tricky to guesstimate in the beginning as many appeals courts for SSD are backlogged. However, you will receive a notice from the Social Security Administration at least 20 days in advance detailing the date, time and location of the hearing when it is your turn to appeal.

Hearings are typically quick, lasting approximately 15 minutes or so. The venue for a person's hearing is typically within 75 miles of their home. In certain situations, the subject seeking SSD benefits can fill out a form that waives their right to attend the hearing. At the hearing there will sometimes be witnesses or vocational experts in attendance, often on behalf of the injured or to clarify any medical or vocational information to the judge.

The judge will have a chance to review the information he or she received during the hearing. At some point, the judge will issue a written decision about your request for SSD benefits. If a person receives an unfavorable outcome, like a dismissal, the injured may request a review by the SSA Appeals Council. Denied claims tend to be much more involved and could require the help of professionals to achieve a favorable outcome at the SSA Appeals Council.

Source: socialsecurity.findlaw.com, "What happens at a disability hearing?," Accessed September 18, 2017

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