Most applicants for disability benefits wait as long as two years to attend a hearing for SSDI. With that much time, you can plan your appearance in front of an Administrative Law Judge (ALJ) with your disability attorney and make sure it’s everything you need, while also understanding what disability judges look for to strengthen your case.
One important part of your preparation is presenting to the judge your evidence and reasons for filing for disability. Without strong evidence and good preparation, your case could suffer setbacks or even be dismissed.
Know The Answer: What Do Disability Judges Look For?
Judges want to see objective evidence of the most severe of impairments in the opening statement. That is, if you have multiple conditions that are disabling, focus on your top two or three most prevalent disabilities that prevent you from engaging in significant gainful activities, such as working.
Objective evidence is information that can be observed through test results, such as MRI scans, CT scans, and ultrasounds. “Treatment” is what goes beyond going to a primary care physician and getting a prescription. Seeking treatment from a specialist for your condition shows that you are taking care of yourself. This includes medication management in general, preferably from a specialist for that condition.
With mental health issues, a judge will look for extensive treatment, including medications as warranted.
It’s also important to present yourself as someone credible, interested in healing from your disability, rather than being permanently disabled, unless that is warranted.
Disability Hearing Tips
Understand that the focus of your hearing is whether you can work, and if you are disabled enough to be unable to work. Someone under the age of 50 should provide plenty of objective evidence that clearly shows the extent of their disability and severity. A claimant over 50 has a somewhat higher chance of winning their case since they are closer to retirement.
Give the judge what they need: objective evidence is quantifiable, especially with numbers involved. Avoid giving generalized statements. That is, instead of saying that you are unable to sit or stand for too long, offer something concrete: “I begin experiencing pain after 30 minutes of walking.”
Practice your answers before your hearing so that you are comfortable presenting your case. Expect questions about your work history, daily activities, medical condition, and accompanying treatment. Discuss these answers with your disability attorney before your hearing date to avoid contradicting yourself or giving an incorrect answer. Give honest and concise answers, but don’t exaggerate.
What Not To Do For Your Disability Hearing
Be careful not to over-share. Focus on the top two or three impairments, give just the information that’s needed. Including all your symptoms may be too much information.
Wait until the last minute to start preparing. Because you may wait as much as two years for a hearing, begin working with your disability attorney as soon as possible to be ready with a good legal strategy.
Judges hear cases every day and immediately know if someone is exaggerating or untruthful. Be honest, but don’t overstate your condition.
Know the date, time, and place for your hearing so you don’t miss it. Be on time (or a little early), bring your valid state-issued ID (driver’s license, etc.), and check in upon arrival.
Ensure that your ID is valid when it’s time to attend your hearing. If it expires before the hearing, it won’t be valid, and you’ll miss the hearing. Renew as needed, long before your hearing.
If you are unable to attend the hearing and need to postpone, immediately contact your attorney or the hearing office to reschedule. However, you must have a significant and valid reason, such as an emergency hospital visit, and you’ll need a doctor’s note or other documentation. Your disability attorney can help.
Houston’s Social Security Disability Insurance Attorney
It’s easy to make mistakes when applying for SSDI. Working with an SSDI disability attorney can help ensure your application is filled out correctly, that you have the needed medical documentation, and that they represent you in your hearing while helping you understand what disability judges look for to improve your chances of approval.
We’ve helped over 6,000 Houstonians get SSDI and other disability benefits. The Herren Law Firm in Houston, TX, can assist with your application, appeals, and records gathering to prove your case and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and no up-front fees, and we only collect a fee if we win your case.
