When you have been injured and need to file for a disability hearing, there are a few obstacles that need to be considered. The first is the Social Security Administration, which is renowned for its ridiculously high denial rates at all levels of appeals. When facing a notoriously difficult to deal with administration, it is hard to get the disability benefits that you deserve without a strong legal team.
How to start your appeal?
The appeal process begins immediately after the notice of denial is delivered to your place of residence. 60 days from this date, you must collect your paperwork, evidence of your disability, and meet all deadlines that are assigned. The best time to consult an attorney is directly after receiving the notice of your denial.
Important things to note about your hearing
At your hearing, along with the judge, who may bring a vocational expert, sometimes a medical professional and possibly a court reporter can be present. You have the right to bring your own attorney, and a witness to testify your limitations. These people are not always brought, but they are allowed to be present during your hearing. Hearings are usually held in a courtroom, but depending on your ability to drive, it may be held at a local office or bank, to accommodate for both parties. You may also hold the hearing via videoconference.
What does my attorney do for me?
When you consult Atkins and Markoff, we will compile a set of medical records and evidence of your injury that pertain most to the work in your area to show proof that your case is unique and that you truly deserve disability benefits. Your attorney will set up a meeting time and place with your Administrative Law Judge to further investigate your case. The ALJ may bring a medical professional with them to consult the extent of your injuries. They will ask you questions and consider a handful of factors such as:
- Nature of medical condition
- Lifetime of disease or ailment
- The ability to work within 12 months
- Ability to work any type of job
- Recent and prospective income
- Likelihood of additional injuries
- Total assets
- Your statements and your attorney’s statements during the hearing
Towards the end of the hearing, the judge will ask if you have any statements or remarks. If they do not ask you, you may request to speak in regards to your disabilities and how they prevent you from working. This is the best time that you have to explain how your injuries have impacted you and how you can explain that your quality of life has deteriorated due to this unfortunate incident.
If you or a family member has struggled with the approval of the Social Security Administration, they need the help of a strong team of attorneys. Atkins and Markoff experts understand the nature of Social Security denials and the most effective ways to earn you the benefits that you rightfully deserve. Contact our experts today to schedule a free consultation.