How to Effectively Appeal to an ALJ

Do you have a hearing scheduled with an Administrative Law Judge (ALJ)because you are appealing a denial of Social Security disability benefits? There are things you should know about how to effectively appeal to an ALJ during your hearing. If you are planning to attend the meeting with a licensed attorney as your representative, you will get advice from them that will extremely important to follow. Remember they are representing your best interests and they've done this before. Take their advice.

Before the Hearing

Assuming you have already taken the important step of hiring an attorney to represent you at the hearing, the next thing you need to do is to get a copy of your Social Security file. Your attorney can help you review the file and make sure there are no missing forms or records. This step is critically important if you have not had an attorney working with from the time you first submitted your request for benefits.

• Fill in the blanks, especially if you discover missing medical information
• If you have additional medical or treatment information that is not included in the file, now is the time to add it
• Update your medication list for the ALJ using Social Security Form HA-4632
• If you have been working, or tried to work since your denial update your work history for the ALJ
• Let the ALJ know at least 30 days in advance if your are bringing either a vocational or medical witness
• If you are not bringing witnesses, make sure you have appropriate Medical Opinion Forms and Third Party Disability Reports completed and submitted as part of your file

Take the time to prepare for your hearing. Submit only new information to the ALJ, and for that new information to be most effective for your appeal to an Administrative Law Judge try to get the updates to the ALJ two to three weeks before your hearing date.

Effectively Appeal

On the day of your hearing you may be nervous and stressed; after all this hearing has probably been a long time coming and your attorney has likely told you that this appeal to an Administrative Law Judge is your remaining best chance of receiving disability benefits from Social Security.

Administrative Law Judges vary in style as to how they handle their hearings. Some are very active and will ask you questions directly, while some may ask your attorney to do most of the questioning. Even with an attorney representing you, expect to be the center of attention and discuss with your attorney the types of questions you are likely to be asked and think about how you will answer them.

Other easy things you can do to make the most of your ALJ hearing:

• Be early (at least 30 minutes)
• Dress respectfully
• Ask family and friends to wait outside hearing room unless your attorney ASKS them to be present

• Answer questions directly and honestly without being too wordy or repetitive

Listen to Your Attorney

An experienced Social Security disability attorney will be able to guide you through the process, for the best results. Rely on them for advice about how to make your most effective appeal to the ALJ.