Episode 110: Calloway County social security disability attorney Jeff Roberts addresses the question, “Do I have to appear for my social security disability hearing?” Jeff has 33 years of experience handling social security disability claims in Kentucky and other states.
Understanding the Social Security Disability Process
While the hearing is the client’s day in court, a lot of other activities will take place before the hearing date. The hearing is the 3rd step in the process.
The first step is to complete and file the initial application. Statistically speaking, this application will be denied, for a variety of reasons. The second step is to file a Request for Reconsideration. Again, statistically, you will most likely be denied. Both of these steps are done on paper. Your claim will not have been reviewed by a judge, yet.
Once your Request for Reconsideration has been denied, you have the right to request a hearing before an administrative law judge. This is the first time you’ll be able to testify as to your circumstances and why you believe you should receive disability benefits.
For more detailed information about the application process, listen to Episode 92. Jeff explains the various types of paperwork and forms that will be involved.
Why Is the Initial Application Denied so Often?
The people who are granted benefits at the initial application tend to have very serious conditions combined with specific factors that are extreme enough to automatically qualify for disability benefits. The specific Listing of Impairments is covered in Episode 76.
Jeff generally tells people that if you’re able to make the initial application on your own, you should do so. Once that has been denied, then it’s time to consider hiring an experienced social security disability attorney to help with your claim. This is the point, at which, he prefers to get involved. It can help him to prepare the claim for the eventual hearing before the judge. There are many reports, medical records, and potential expert opinions that need to be gathered, before the hearing.
Can I Damage My Claim by Submitting the Initial Social Security Disability Application on My Own?
Jeff hasn’t encountered a situation in which someone submitted the initial application and it damaged their claim, in a significant way. The forms you’ll complete as part of the initial application are fairly straight-forward. They include information about your daily activities, your work history (Form 3369), your job duties and what the physical requirements were. You’ll also provide information about the doctors you’ve seen for your condition.
What Can I Expect at My Disability Hearing?
Once a request for a formal hearing has been submitted, you’ll be able to decide how you’d like to participate in your social security disability hearing. You can participate via telephone, video call or in-person. Jeff recommends you request an in-person hearing, if at all possible.
Assuming you asked for an in-person hearing, on the day of your hearing, you’ll appear before the judge. He/she will have a better opportunity to actually see how you’re struggling with movements, walking, sitting for an extended period, etc. The majority of communication is non-verbal, between humans. There’s an old saying, “Showing is always better than telling.”
Jeff is licensed to practice before the Social Security Administration in all 50 states. He’s handled in-person disability hearings throughout Kentucky, in Illinois, Missouri, Tennessee, Georgia, however, he is still hoping to get a case from Hawaii.
Testifying at Your Disability Hearing
In Episode 100, Jeff gave his 4 Golden Rules for testifying at your disability hearing. This is a good reference, if you’re preparing for your social security disability hearing.
The majority of Jeff’s clients come from Western Kentucky. Many of those in-person hearings are conducted in Paducah. He’s appeared before many judges in Paducah. This insight helps him to prepare for the hearing, because he has a good sense for what a particular judge might be most interested in or information he/she will want to consider.
Make Sure You Are Working with a Licensed Attorney
In social security claims, there are consulting firms who offer to handle claims for injured clients, without actually being attorneys. This occurs on a national basis. Jeff describes a situation in which he was asked to take over for a case that was being handled by a social security disability consulting company. If your claim needs to be appealed to federal district court, the non-attorney consultant handling your claim, up to that point, will not be able to represent you in federal district court, because they aren’t practicing lawyers. This can be an unwelcome surprise for many claimants.
Jeff describes a case that illustrates why appearing before the judge, in-person, can be important to your disability claim. This particular client had significant spinal issues. After having multiple surgeries and nerve damage, the client had a difficult time walking and sitting/standing for any length of time. The judge was able to see firsthand how the person was struggling to stand up and the obvious pain involved. It actually influenced some of the questions the judge asked the vocational expert. That specific line of questioning, based on what the judge was seeing the claimant experience, played a significant role the judge’s decision to grant the disability benefits.
Can My Age Affect My Social Security Disability Claim?
Jeff explains age can impact your claim. The Social Security Administration treats ages 18-49 the same. However, at age 50 the definition and the way the judge can evaluate your eligibility changes. At age 55, there is yet another change to the standard.
If you’re 49 or younger and don’t meet the Listings of Impairments (mentioned earlier in the episode), Jeff has to establish you cannot work an 8-hour per day, 5 days a week job. The younger you are, the more challenging it can be to convince the judge. However, there are some mental health and non-physical conditions that can come into play, but generally speaking, your age can impact your success in receiving total disability benefits.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Social Security Disability Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
