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Disability Benefits: Attending a Disability Hearing

If you are appealing a denial on your disability benefits, Social Security may require you to attend a hearing before an administrative law judge. Here is what to expect when attending your hearing and how you can tip the scales in your favor.

If you have been denied Social Security reconsideration on your disability claim, or live in a State where the first step in the disability appeal process is a hearing before an administrative law judge, you have 60 days to request your hearing. The sixty days starts from the date of the notice you received denying your disability benefits. Social Security allows five days for mailing of the notice. The hearing process can be lengthy; it can take up to two years from the date of your request to receive a decision. It is recommended that you file a new claim while you are waiting for your hearing date.

Once you receive a hearing date you will need to prepare for the hearing. When you attend the hearing you will present your case for receiving disability benefits and why you are unable to work. If you have any new medical evidence to support your disability, you will need to present this evidence at the hearing. A disability attorney may be able to help you present medical evidence and tip the scales in your favor.

Disability attorneys represent you at the hearing stage of your appeal. You will be required by Social Security to sign a fee agreement outlining what the attorney will be paid if you win your appeal. The attorney is typically paid 15% of any past due benefits you are entitled to upon winning your appeal. You should not have any out-of-pocket expenses prior to the hearing, if the attorney requires advance or additional payment for representing you, find a different attorney. Social Security can provide you with a list of disability attorneys in your area by calling the toll-free number or visiting your local Social Security office. To learn more about appealing the denial of your disability benefits, visit the website “Social Security Laid Bare” using the links below.