Founding Attorney
According to data from the Social Security Administration (SSA), only 21 percent of Social Security Disability Insurance (SSDI) applications receive initial approval. If the SSA denies your initial SSDI application, you can schedule an appeal and attend a hearing. At the hearing, you will present evidence and arguments supporting your disability claim. The hearing is crucial for receiving an approval on your application, so you need to know how to prepare and what mistakes to avoid.
Be Prepared
Your mantra for success should be: be prepared. The point of an SSD hearing is to make your case, so you want as much evidence on your side as possible. Review your case file and make sure you bring copies of all your medical documentation. If you have had any recent changes in your condition, you will need to notify the SSA. You should also obtain written testimony from your doctor. For a more specific list of evidence, you’ll want to bring:
- Medical documentation (e.g., lab reports, imaging results, doctor’s notes, patient files, etc.)
- Testimony from family, friends, employer, etc.
- Doctor’s written statement
- Copies of communications regarding care
- Examination reports
- Notes about how your condition affects daily life
- A copy of your application and file
Answer Questions Honestly and Clearly
It is important to be honest and straightforward with your answer during your hearing. A common mistake is that people’s responses to questions are too vague and not enough to allow a determination of disability. Don’t try to exaggerate or misrepresent the severity and scope of your condition, as lying will only hurt your case. When answering questions, focus on tangible and measurable qualities of your condition, such as your physical symptoms, functional impairments, medical treatments, and job requirements. Try to avoid responses like I don’t know, or I’m not sure. It is ok to think for a moment or two before answering if you are not sure how to respond.
Practice Your Testimony
It also helps to practice your testimony beforehand. You will take an oath beforehand, so it’s important that every aspect of what you say is true. Here are some general pointers to keep in mind:
- Speak clearly and enunciate your words.
- If referring to a specific body part, point to it and verbally acknowledge it.
- Answer with detail, even if the question is yes/no.
- Prepare a cheat sheet so you can stay on topic and accurately refer to medical figures and values.
- Wait your turn to speak, and do not speak over other participants.
- Bring a water bottle in case you get thirsty or your throat gets dry.
- Don’t use chewing gum, tobacco, etc.
- Be polite and stay calm—your attitude and conduct can impact the appeal decision.
Work With an Attorney
Most importantly, you should work with an attorney. An SSDI attorney can help you prepare your documents and gather additional evidence to further validate your claims. They can also help ensure you meet all filing deadlines and build a convincing narrative about your condition and impairments. One study from the US Government Accountability Office found that those with an attorney advocate were three times more likely to receive benefits than those without an attorney. If the court denies your appeal, your attorney can file for a review with the Appeals Council to reconsider the decision.
SSDI Attorney in Utica, MI
Grech Law Firm has been helping individuals with disabilities and their families for over 25 years. You can rely on us to prioritize your interests and well-being in everything we do. Contact us online or call today for a case consultation with an SSDI attorney in Utica and surrounding areas.