A large portion of the work that the disability lawyers in Chicago involves helping their clients to prepare for and complete their disability hearings. When you are appealing a denial of your disability claim to a hearing, there are several things you should know in order to better prepare.
The Administrative Hearing
Disability hearings are heard and decided by an administrative law judge, who acts as a neutral fact-finder. These hearings are not as formal as other types of court procedures. The Social Security Administration will not take an adversarial stance at the hearing. They are supposed to provide benefits for people who are truly disabled and deny benefits for those who are not. Approval rates vary depending on the administrative law judge. Overall, however, approximately 60 percent of claims are approved at the hearing stage.
Preparing for Your Hearing and What to Expect
In order to prepare for your hearing, your disability lawyers in Chicago will request all of your medical records, documentation, medical opinions and other evidence. They may call witnesses to testify on your behalf at the hearing, and they may cross-examine any witnesses that are called to testify by the administrative law judge as well. At all times, your attorney will present the evidence in your case in a manner that highlights that your appeal should be granted. Your attorney will not act like the administrative law judge is an adversary, even when they may be arguing that the judge’s application of the law in your case is incorrect. A good judge will clearly indicate if they have an issue with a particular aspect of your claim, giving rise to potentially successful arguments by your attorney for you.
Your Appearance and the Evidence
You may choose to either appear before the judge at your hearing or via videoconferencing. You will not be required to appear by video if you do not want to do so. While strict deadlines do not apply for the submission of evidence in Social Security disability hearings, they are gradually coming into this area as time passes. You can expect the evidence at your hearing to be broad, as many types of evidence that would be considered inadmissible in another type of court hearing are admissible in disability hearings. If your attorney has difficulty getting evidence they have requested from a medical professional, they may ask the administrative law judge to issue a subpoena. A subpoena issued by the judge will force the party to provide the evidence to your attorney so that they can use it for you at your hearing.
