Oklahoma Disability Hearings and Determining Factors

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Oklahoma Social Security Disability Hearings

OKlahoma Disability Hearing Lawyers

Unfortunately, there are many US citizens who are unable to work and generate income for themselves for a variety of reasons. The government understands this reality, and thatā€™s one of the reasons that there are disability benefits available for those who need them through the Social Security Administration.

However, obtaining benefits is no easy task. There are many reasons for this, and one of them is to protect the taxpayers against fraud, and thatā€™s why the process of obtaining SSD or SSI is one that entails many thorough steps. The Oklahoma social security lawyers at Atkins & Markoff understand every step of this process and can help you make your best case for the receipt of the benefits you need.

Below is an explanation of one of those procedural steps ā€“ the disability hearing that occurs after benefits are denied based on a written application, and a few examples of the determining factors used by the government when a claim is reviewed. Regardless of where you may be in the process of pursuing SSD or SSI, contact the Oklahoma law firm of Atkins & Markoff today to get the help you need and deserve.

The Disability Hearing

After you receive notice in writing that your initial application for benefits has been denied, you have 60 days to file a request for a hearing. Requesting the disability hearing within this timeframe works the same as it would for a statute of limitations, as any request that isnā€™t filed in a timely manner without a compelling reason will be denied, and the disability hearing will not happen, forcing you to start the entire process over from the beginning.

Assuming you request the disability hearing in a timely fashion, your file will be sent to an Administrative Law Judge (ALJ) who will preside over your case during the hearing. The ALJ will make him or herself available within a reasonable timeframe, but the disability hearing may happen faster if you agree to appear via video conference, as that will eliminate the need to deal with any logistics.

At the disability hearing, there is a process thatā€™s followed much like a process that governs the way any judicial process works. The ALJ begins the disability hearing by explaining the issues involved with your case to all the parties involved, and he or she may also ask witnesses, including your medical care providers, to appear at the disability hearing to answer more questions. You and any witnesses should be ready to answer questions from the ALJ during this hearing, and you and your social security benefits lawyer also have the right to present your case and to question the witnesses present. The hearing itself is somewhat informal in terms of evidentiary rules, but it is recorded for accuracy.

When the hearing is complete, the ALJ will consider all of the evidence thatā€™s present in the case file, and he or she will issue a written decision based on this evidence. This decision will either be an order for benefits or a dismissal order.

Determining Factors

It should be quite clear that the ALJ does not simply ā€go with his or her gutā€™ in making a decision, as there are standards and determining factors in place that must be applied to your situation in order to come to a proper and sound decision. Below are a few examples of determining factors the ALJ will use in coming to a final decision on your case.

1. The age of the claimant;
2. The nature of the medical condition claimed by the applicant;
3. The duration of the ailment or disease;
4. Whether the claimant will be able to work within the next 12 months;
5. Whether the claimant will be able to work any sort of job;
6. The recent income of the claimant;
7. The prospective income of the claimant;
8. The likelihood of additional injuries or persistence of the disease;
9. The total assets of the claimant; and
10. The statements/case made by the claimant.

These are only some examples of the determining factors an ALJ will use to come to a final decision, and the opinions and beliefs expressed by both your medical care providers and those of the government will be considered.

Basically, you owe it to yourself to build a case thatā€™s as strong as possible, as the more compelling evidence you have to your benefit, the better your chances of obtaining benefits and avoiding the necessity of filing an appeal or even several appeals, which can be very time-consuming and stressful if youā€™re not generating income as this process moves forward.

Know Your Legal Rights

As you see above, you do have several rights and options as you pursue benefits. One of the most important is your right to an attorney. Working with an attorney in Oklahoma will be invaluable, as the social security benefits lawyers at Atkins & Markoff have years of experience in working with claimants in Oklahoma, and this experience will serve you well both during the disability hearing and in terms of featuring the evidence that will help the ALJ consider the determining factors in a way that gives you the best chance for benefits.

If you are simply unable to work and are suffering physically, mentally and/or financially as a result, contact the Oklahoma Social Security lawyers at Atkins & Markoff today to schedule an initial consultation.

Our attorneys will evaluate your situation for FREE with no obligation. Pick up the phone and call us at (866) 451-9129 today.

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Atkins & Markoff - Disability Hearings

After being notified that you were denied social security disability benefits, you have 60 days to decide whether you request another disability hearing.Ā It is absolutely necessary for your hearing request to be filed in those 60 days or your case will be closed and you will need to start the SSD applicaton process all over again.Ā Getting disability benefits is not easy, however, it is not impossible if you have the help of an experienced professional on your side.Ā Contact Atkins and Markoff today for a free consultation.