When you are applying for disability benefits with the help of a Disability Attorney in Georgia and your case goes to a hearing, your feelings are quite possibly all over the place. It’s important to keep a clear head and let your attorney do most of the talking since they are not emotionally involved and they are well-practiced at saying and doing the right things to make sure the hearing goes smoothly. (That’s the number one reason to hire an experienced, professional attorney, like the ones at Morgan & Morgan, so that they can speak for you in a way that will benefit your case.)

Although it’s of the utmost importance to know what information needs to be stated and clarified, it is essential that you and your attorney should always know what not to say. There are certain things that could make your hearing turn south quite quickly, and you want to avoid these at all costs.

Scheduling and Appearing at Your Disability Hearing

If you’ve already put in your disability claim and it has been appealed during reconsideration, the next step is to have your case heard by an Administrative Law Judge. You have 60 days to request this after receiving the notice that reconsideration was denied. This should be plenty of time to prepare, as long as you have a solid disability attorney in your pocket ready to move the process along.

Although you have to request the hearing within 60 days, the court’s response to this could take quite a while, especially if the court is overwhelmed with cases when you put in your request. However, you will receive notification of the date, time, and place of your specific hearing at least 20 days before it is to take place.

Hearings last anywhere from a quick, speedy 15 minutes to a lengthier hour-long meeting, so it’s in your best interest to arrive early in case you are called early. If you’re late, you do have the right to “show cause” to explain why you weren’t able to make it on time, with typically accepted excuses being heavy traffic or getting lost on the way to the venue. If the judge accepts your cause, your hearing will be rescheduled. Remember, though, that this makes the process to get your disability benefits even longer, so showing up on time is the best thing you can do for yourself.

If you need to print out directions or scope out the drive beforehand, that’s a smart move, although some hearings could be up to 75 miles out of your residential location. The Social Security Administration has 161 hearing offices but sometimes rents space in hotel or business center conference rooms if necessary. If, however, your disability or another health condition prevents you from traveling, you have the right to request a video conference (this should be requested on the original forms for the hearing request).

If you do not wish to appear in person at all—either in person, by video, or through a stand-in representative—you can file a Form HA-4608: Waiver of Your Right to Personal Appearance Before an Administrative Law Judge. Not appearing doesn’t necessarily mean that your benefits won’t be granted, but you are much more likely to have a positive outcome if you appear in some form to state your case.

 

Hearing Proceedings

Each disability hearing is unique because each case is unique. Depending on how complex the case is, the hearing might involve testimonies from the claimant (you) or other witnesses; questioning of you, your representative, or your attorney; and/or testimony by a vocational or medical expert in a field related to your disability. Anyone giving testimony will be sworn in by a court reporter.

The judge will then give everyone in the courtroom an overview of the case, explaining any issues involved and the reasons your case has come to have a hearing in the first place. They will ask any relevant questions to the people giving testimony, and truthful answers must be given. Oftentimes, the medical and/or vocational experts will have to answer hypothetical questions, as they may not be familiar with your individual case.

Sometimes, the judge will not ask you (the claimant) anything in particular. In this case, you have the right to ask to speak on your own behalf or to have your attorney or representative speak for you. You also have the right to submit your own evidence or to question the witnesses brought forth by the court. As stated above, this is a place where your seasoned disability attorney would often be able to bring forth the necessary information in a much calmer, more relaxed (yet authoritative) state, whereas you don’t need to have the added stress of “performing” in front of a court.

Disability hearings are more informal than many other court proceedings, but everything said and done is still recorded and taken under oath. Once everything is completed, the judge will review all the evidence and testimony, then send their final decision to you and/or your representative.

If your case is again dismissed or the outcome was not what you were hoping for, you can request that it be reviewed by the Social Security Administration Appeals Council.

 

What Not to Do or Say

There are a few things to keep in mind—mistakes you don’t want to make. Your lawyer should bring these up to you and practice what to say so that your case doesn’t get overturned.

 

Making Your Symptoms Out to Be Too Great or Too Minimal

Obviously, you want to make sure that the judge knows your disability is serious and that it greatly affects your life. Otherwise, why would you be going through the process of a hearing? However, if you exaggerate, your credibility could tank quite quickly. For example, if and when the judge asks you how much pain you’re in and how often, they probably won’t believe you if you say that the pain tops the charts every second, and nothing provides relief. They will think you’re simply there to milk the system, which isn’t going to look good for you.

On the flip side, you don’t want to undercut what you’re feeling. You won’t be whining or complaining when you describe your symptoms; the point of the hearing is to accurately describe how your disability hinders a normal life and/or your ability to work. Be honest, that’s your best bet.

 

Reporting Information that Could Damage Your Case

As we said, everything in a disability hearing is under oath and is recorded. However, this doesn’t mean you need to be forthcoming with information that isn’t asked of you. Generally, unless the judge or opposing attorney brings up these specific areas, you don’t need to mention anything about them.

• Whether or not you have any family members who receive state-funded benefits or disability payments
• If you have been accused of or convicted of a crime (misdemeanor or felony)
• Substance abuse issues
• Failure to follow orders or suggestions for medical treatment plans, counseling, or therapy
• If your residential area has higher than normal numbers of unemployed residents
• If you don’t drive or don’t have access to a car and it hinders you from getting to and from work

Remember, this isn’t an excuse to lie if you think it will help your case. Rather, you just need to be selective about what you bring up on your own—and what you don’t.

 

Responding Vaguely to the Judge’s Questions

The judge needs specific information to accurately determine how severe your disability is and how much it affects your life. If they ask you how often you suffer from migraines and you say, “All the time, they really hurt and I can’t do the things I need to,” then the judge will be frustrated and feel that you can’t accurately express your condition (maybe because it isn’t as serious as you are making it out to be.)

If you are more specific, for example, saying, “I get a migraine about three or four times a week, and I have to be in a dark, silent room most of the day. The only thing that makes it go away is sleep, and I have to take medication to be able to get to sleep. The pain shoots through my head and makes my entire body tremble.” This will give the judge a much more accurate picture of the way your condition affects your life.

 

Entering the Court “Alone”

This is probably the biggest mistake that claimants make, and the easiest to prevent. You might be an expert on your disability and the way it affects your life, but a professional disability attorney is an expert on presenting cases just like yours to a court and getting a positive outcome. Your chances of winning are much higher with an experienced disability lawyer by your side.

 

Call Today For A Free Consultation From An Experienced Disability Attorney at Morgan & Morgan

Hopefully, attending a disability hearing won’t be something that you will have a great deal of experience in over your lifetime. The Georgia disability lawyers at Morgan & Morgan know what it’s like to deal with quick, laid-back hearings as well as contentious and litigious ones. Your attorney should always prepare for the worst, and hope for the best. Make sure to have someone on your side who has run the gamut so that you can rest at ease, knowing your case has been brought forward in the best way possible.