For many applicants seeking disability payments, the hearings are the most intimidating part of the process. The goal of a hearing is to determine whether a claimant’s medical condition prevents them from engaging in substantial gainful activity (SGA). If so, then the claimant should be entitled to Social Security disability insurance (SSDI) payments. If not, then the Social Security Administration (SSA) will deny the claimant’s application.
While the hearing process is relatively straightforward, it can be intimidating. Our Michigan SSDI hearings lawyers at Thurswell Law could help you understand what to expect, prepare you for the hearing, and protect you during the hearing process.
When Do Applicants Have Hearings?
In the best-case scenario, claimants never need our Michigan SSDI lawyers for a hearing because their claim is approved without a hearing. The SSA reviews all applications and either accepts or denies the claim.
When the SSA denies a claim, an applicant has several appeal options, including a hearing with an ALJ. ALJs are independent judges who review the evidence and make a decision on the case.
However, ALJs are not usually the first step in the appeals process. Instead, a claimant should ask for reconsideration of the SSA’s initial decision. A hearing with the ALJ is usually the next step after a reconsideration.
Understanding the SSDI Hearings Process
The SSDI hearing process is relatively informal, which puts many applicants at ease. The person in charge is an administrative law judge (ALJ). ALJs, like other judges, listen to the facts and make evidence-based decisions.
However, the hearings are less formal than courtroom proceedings. They may occur in person or a video conference. Applicants should dress respectfully in nice, clean, modest clothing. However, they do not have to purchase new clothes or worry about wearing a suit. They should be prepared to present evidence supporting the fact that they have a disability and how that disability will impact their ability to work. Additionally, they should be prepared to fully and truthfully answer any questions posed by the ALJ in an SSDI hearing unless directed not to do so by their Michigan lawyer.
The hearings are not adversarial like a typical courtroom proceeding. The claimant, their representative, the ALJ, a hearing monitor, and a court reporter are present. The claimant may also choose to present witnesses.
The SSA does not have an attorney present. However, the ALJ is free to ask questions. They will focus on gathering more information about the claimant’s medical conditions, their work history, and how their disability imposes limitations on that work history.
Furthermore, the ALJ can call on a vocational expert. The vocational expert examines a claimant’s work history and disability and provides an expert opinion regarding the claimant’s ability to engage in SGA. The ALJ can gather expert testimony as well. In addition to relying on a claimant’s experts, they can call on other medical experts. The medical expert would testify about the claimant’s medical condition and can provide an opinion about how that condition would impact their ability to work.
After the ALJ gathers all of the information at the hearing, they render a decision about the application. In rare circumstances, the ALJ issues a decision that day. In most cases, they mail out a decision within one to three months of the hearing date.
Talk to Our Michigan SSDI Hearings Attorneys
Applying for SSDI can feel like an overwhelming process, and facing a denial is stressful. However, denials are routine. SSA only approves about one-third of claims initially. By the end of the appeals process, about half of the applicants who are initially denied get approved.
Having our Michigan SSDI hearings lawyers on your side could help you handle the process and ensure you have the correct documentation to support and streamline your claim. Call us today at 248-354-2222 to schedule a case evaluation and find out more.
N/a
