Appealing Your Long Term Disability to the ALJ

Many people who apply to the Social Security Administration (“SSA”) for long-term disability benefits are successful in their efforts. But unfortunately, there are instances where the SSA will deny a long term disability claim. When faced with a denial of benefits, an applicant is free to reapply or ask the SSA to reconsider their decision. If the reconsideration process is unavailing, then an applicant can request a further level of review: a hearing before an Administrative Law Judge (“ALJ”).

Preparing for an ALJ Hearing

According to Black’s Law Dictionary, an ALJ is “an official who presides at an administrative hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations” Despite such a definition, an ALJ hearing does not involve a courtroom hearing or a jury, and there is an option for an applicant to testify via video conference.

The key to successfully advocating in front of an ALJ is preparation. The first place to start is with the denial letter. It sets out why the SSA denied the applicant’s claim. By understanding how the SSA came to its decision, an applicant and any potential witnesses will be to address and refute the SSA’s decision later on.

On the day of hearing, keep in mind that if you represent yourself, the ALJ will understand that you are not a lawyer, and might not be used to making the kinds of presentations expected of a lawyer. Moreover, in the hearing, the traditional courtroom rules of evidence do not apply at all. Thus, an applicant and their witnesses (if any) should try to the tell their side of the story in the best way they can. Furthermore, although the SSA will probably have their legal advocate at the hearing, an applicant should refrain from making personal attacks at the hearing. While an applicant's emotional involvment may be understandable, vindictive remarks tend to detract from a person's argument.  After the hearing, the ALJ will make a decision and send it to all parties.

The Role of Legal Counsel

A disability applicant can certainly advocate on their own behalf. But given the stress associated with a denial of disability benefits to someone who really needs them, the prospect of advocating before an administrative agency, replete with numerous rules and regulations, may seem like massive undertaking. Although the above information is not meant as legal advice, an applicant should consider getting a lawyer that is experienced in disability-related law and administrative advocacy. Skilled legal representation can often make a big difference in overcoming a previous denial decision, and lodging a successful long term disability claim.