How to Answer Questions at a Social Security Disability Income (SSDI) Hearing: Part 4

Social Security Matters | The Official Blog of Social Security

Social Security has a strict definition of disability based on your inability to work and provide for yourself and your family. Disability benefits are available only to …

 

For instance, if your disability affected you handling your finances, concentration, focus, or memory loss.  This information is vital to the Administrative Law Judge because it would prove to have extreme difficulty in performing many types of jobs.

It will be helpful to ask a family member or friend who assists you to be a witness at your Social Security Disability court hearing or write a letter on your behalf and get it notarize.

Don’t Be Embarrassed to Discuss your Impairment

Whatever your impairment is, the Administrative Law Judge and the vocational expert will discuss any information that is highly personal at the disability hearing.  Often disability claimants feel understandably embarrassed by symptoms of their treatments they have experienced, procedures, test, and their disease.  It is common to be embarrassment especially with people who suffer from HIV or certain types of hepatitis, mental illness, or impairments that change lifestyle choices.

It is very important to remember that the Administrative Law Judges hear hundreds of testimonies a year from disability claimants with every believable disability, and it is the Judge’s job to decide whether you meet all the requirements for Social Security Administration’s definition of disability.  So set aside any embarrassment so you are able to provide the Judge with clear and accurate answers so your claim can be determined fairly. 

Be Honest and Don’t Overstate your Answers

This is very important, answer an Administrative Law Judge’s questions with honesty.  Do not make your symptoms sound worse than they really are because of having a better chance at winning your Social Security Disability claim.  However, overstating your disability can have an opposite effect.  Always remember the Judge’s hear hundreds of cases a year.  The Administrative Law Judge are trained well in recognizing when a claimant is magnifying the truth.

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How to Answer Questions at a Social Security Disability Income (SSDI) Hearing: Part 3

Just purchase our Step by Step Guide eBook “How to win your Social Security Disability or SSI Case without an Attorney” today!

Be Prepared to Explain Bad Facts about Your Medical Records

Sometimes medical records can contain bad facts.  Unfortunately, bad facts can certainly hurt your case if not handled properly.  One common problem is when people suffer from chronic pain is excessive on pain medication.

In some cases, medical records may indicate the claimant suffer from narcotic dependency or suspicion of abusing pain medication.  The worst thing a claimant can do is deny the problem and blame it on the medical provider.  The best answer you can give is to be truthful about the problem with pain medication and you are getting treatment for the dependency that will switch or reduced medication to minimize the possibility of medication drug addiction.

Paint a Clear Picture of Your Everyday Living

Administrative Law Judges frequently ask disability claimants “how their lives change the onset date of your impairment.”  Give a detailed and descriptive answer to this questions because it can be quite helpful in winning your Social Security Disability claim, especially when a Judge is undecided about how to decide your case.  For instance, if you used to work in the garden, play cards with friends, no longer enjoy activities, go to church every weekend, you need to tell this to the Administrative Law Judge.  Also, explain how your disability has affected activities like watching television reading books or newspapers.  Describe how your chronic pain occurs with concentration to interact with people who are no longer can due to inactive activates.  These things are very important information for an Administrative Law Judge to know in order to give him or her an insight on how you may function in a job setting.

Let the Administrative Law Judge know you need help in your day-to-day life this is very important for the Judge.  For example, if you need assistance from friends or family members with any other activity of daily living, grocery shopping, bill paying, cleaning, laundry, describe what help you receive and how often do you receive help and why you need the assistance.

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How to Answer Questions at a Social Security Disability Income (SSDI) Hearing

Steps to successfully apply for Social Security disability

Feb 1, 2016 Roughly one-third of applications for Social Security disability benefits are ultimately approved. How to make sure yours is among them.

Social Security Disability

How many questions can you expect to ask, and how should you answer the Judge’s questions at a disability hearing.  Sometimes the Administrative Law Judge (ALJ) may not ask a claimant any questions, however, other times a Judge may ask you several questions.  Most disability appeal court hearings normally last under an hour and some can be very short as 15 minutes, so you can count on having no questions to answer for an extended time period.

The outlook of answering an Administrative Law Judge’s questions at a disability appeal hearing can be difficult even though you prepared well for it, get ready for the unexpected. There are important guidelines you can follow that will make the process smoother and increase you chance of getting approved for your Social Security Disability Claim.

Social Security Disability Questions and Answers

This is hard to believe but one of the most common mistakes a disability claimant makes during the hearing, especially when failing to answer the question asked by the Administrative Law Judge.  Try to avoid this by paying attention to what the Judge is asking you a specifically question then answers them in a sentence of two.  During the SSD appeal court hearing, it will be very helpful to take notes just in case you have to ask the Judge to restate or explain the question for you.

Don’t Ramble or Go Off the Subject when Answering a Question

The hearing process is a nerve-wracking experience for most claimants.  Many of us are under pressure and too prone to ramble on, it is important to prepare to provide a brief answer to the Administrative Law Judge’s questions.  This usually happens when Claimant answers questions with long-winded explanations that do not answer questions from Administrative Law Judge’s question, it may cause the Judge to stop listening and probably miss important information statements you made which will make him or her may become interrupted and irritated with you.

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Social Security Disability or Supplemental Security Income Appeal Average Wait Time Until Hearing Held Report (For The Month of June 2016)

Average Wait Time Until Hearing Held Report (For the Month of June 2016) A presentation of the average time (in months) from the hearing request date until a hearing was held for cases closed in the Office of Disability Adjudication and Review's hearing offices or national hearing centers. This allows users to estimate the amount of time they may have to wait for a hearing to be held.

Average Appeal Case Wait Time Until Hearing Held Report (For the Month of June 2016)
A presentation of the average time (in months) from the hearing request date until a hearing was held for cases closed in the Office of Disability Adjudication and Review’s hearing offices or national hearing centers. This allows users to estimate the amount of time they may have to wait for a hearing to be held.

NOTE:  The average times shown are true only for cases closed in the month each report covers where hearings were held. These times are not cumulative for the stated fiscal year.

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Social Security Disability Work Credits Requirements

Social Security Disability, SSI & SSDI Application Process
The first step in the Social Security application process is determining whether you are eligible to apply for SSDI or SSI benefits based on the qualification criteria …

Social Security Disability Work Credits Requirements

Which one should I file for Social Security Disability or SSI? You must have enough working credits for SSDI. You may be eligible for Concurrent SSDI and SSI Benefits. Not enough work credits the file SSI Claim

 

Age Disabled Credits Needed Years of Work
Under 24 6 1.5
24-30 8-18 2-4.5
31-42 20 5
44 22 5.5
46 24 6
48 26 6.6
50 28 7
52 30 7.5
54 32 8
56 34 8.5
58 36 9
60 38 9.5
62+ 40 10

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Social Security Disability Advocate Part 2

However, your Social Security Disability Advocate can help you file a Request for Reconsideration. He or she can represent you at your appeal hearing before an Administration Law Judge if they have the experience to do so.

However, your Social Security Disability Advocate can help you file a Request for Reconsideration.  He or she can represent you at your appeal hearing before an Administration Law Judge if they have the experience to do so.  Be sure to ask the Social Security Disability Advocate will they represent you in court first.  If your Social Security Disability Income appeal case is denied then your Disability Advocate can represent you before the Appeal Council Review if necessary or help with your case before a Federal Court hearing.

When you request the Appeal Council to review the Administrative Law Judge decision, they will decide if it is necessary to review your case or not to review your case.  It is good to get new relevant medical documents to submit to the Appeal Council Review.

A Disability Advocate may be a Social Security Disability lawyer or simply a professional who helps people with their disability initial claims and appeal case.  However, if your Disability Advocate is an attorney, then he or she may represent you in your Federal Court proceedings.

There are no laws requiring you to utilize a Disability Advocate during the appeal process, but you will find it to your advantage.  By having a Disability Advocate will increase your chances of having your claim accepted on time when you have a competent representation.

Please keep this in mind a Disability Advocate will not charge any out of pocket money.  The Disability Advocate is paid 25% or $6,000 maximum of any Social Security Disability back pay which is issued before you get your back pay money.  So do the math a self-help digital eBook will cost $19.99 and up which is probably better because you can fight your own Social Security Disability or Supplemental Security Income initial claim or appeal case.  Also, purchasing a Social Security Disability self-help eBook will save you money in the long run too.

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Social Security Payment Schedule 2017

Social Security Payment Schedule 2017

Social Security Disability, Social Security Retirement, and Supplemental Security Income 2017 payment schedule.  Benefits will be paid on your Birth date the Second Wednesday 1st – 10th, Third Wednesday 11th – 20th.

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Should I file a new Social Security Disability Claim, instead of appealing a Denial with the Appeal Council? Part 2

The Appeal Council examine all requests for review, however, they can deny a request if the hearing decision was correct. Whenever the Appeal Council make a decision to review your case, and determine your case will be return to an Administrative Law Judge (AlJ) for further review.

If you go beyond your time limit for filing an appeal and cannot get an extension granted.  If this happens then consult with a Social Security Disability Attorney to find out the bests course of action.

However, if your Social Security Disability claim has been denied, then call a Social Security Disability Attorney.  They may figure out what piece of information the Social Security Administration may need in order to review your claim and approve it.  Communicate directly with your physician or other medical professionals, to make sure the SSA forms are filled out to addresses the questions and relevant information about r impairments before your claim can get approved.

Having a Social Security Disability self-help eBook or an attorney can really improve your chances of success at every level of the Social Security Disability claims and appeal process.  It is very important to have an attorney at your hearing before an Administrative Law Judge, having an attorney can save you from having to go through the appeal process in the first place.

When your disability claim has been denied for any reason, does not mean you do not have a legitimate claim or you cannot win your SSDI case.

The best chance you have to work through the appeal process is submitting any new medical evidence you can get that will help Social Security Disability Attorney.  Fighting for your Social Security Disability for several months or even years is worth the back pay when your claim is approved when going through the appeals process.  Do give up.

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Should I file a new Social Security Disability Claim (SSDI), instead of appealing a Denial with the Appeal Council Review? Part 1

The Appeal Council examine all requests for review, however, they can deny a request if the hearing decision was correct.

It is unbelievable and frustrating when you receive the notice that your Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) appeal case has been denied.  Unfortunately, about 70% of the SSDI and SSI claims are denied.  The reason why so many people disability claims are denied is because of not enough substantial medical records, test results.  One of the biggest mistakes made by an applicant is filing a Supplemental Security Income or Social Security Disability Insurance (SSDI) is especially when those who do not know the Social Security Administration process and they just file a new claim instead of appealing the denial from the Administrative Law Judge (ALJ).

There are a lot of reasons why you should not file a new disability claim under most situations.  By filing a new disability claim will not protect your filing date when you first applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).  Meaning you will not receive any back pay that accrued when you submit a new disability claim.

The protective filing date is used to calculate the amount of your back pay due to you when your claim is approved.  After you get approved, you will be paid all of your back pay money and start receiving benefits on your protective claim filing date.  It is a bad idea to start a new claim because it will start the process over again, which means you can miss out on thousands of dollars’ worth of benefits due to adjusting the protective filing date.  Therefore, it is very important to request an Appeal Council Review for the Administrative Law Judge denial decision.

One of the reasons why people file a new claim is because they did not have new medical evidence for the disability Initial Claim, Appeal Case, and Appeal Council Review.  Therefore, it is not necessary to file a new disability claim due to having new medical evidence to be reviewed.  However, it is not worth your while to request an Appeal Council Review if you do not have recent new medical substantial evidence.  When requesting an Appeal Council Review it will allow you to gather more substantial medical evidence to present to the Social Security Administration to determine if you qualify for disability benefits.

To sum it up, you do not gain anything by filing a completely Social Security Disability Insurance (SSDI) or Supplemental Security Income new claim because you will lose a lot of money.

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