Preparing for an Appeal to an Administrative Law Judge

It is never too early to begin preparing for an Appeal to an Administrative Law Judge.  In most Social Security cases, your hearing before the Administrative Law Judge is the first chance you will have to give any testimony regarding the nature of your condition.  This is your chance to explain how your condition affects your ability to work. 

The Importance of Records  

Many disability cases before Social Security are won or lost on the strength of medical records.  Keep in mind that currently Social Security has a backlog of cases waiting to go before an Administrative Law Judge. It can take a year or longer to get a hearing date but once your hearing is scheduled you may have less than 30 days to prepare.  Keep your medical records current.  Be proactive.  Your doctors and other caregivers generate a report every time you see them.  Make sure they know you are applying for disability benefits and request that they give you a copy of your records that reflect changes or worsening of your condition or restrictions on your daily activities.   

Witnesses and Testimony 

Family and Friends can be your best witnesses in a disability hearing.  They often have different perceptions of how your disability has affected you or changed your behavior that can be of great use in proving a disability.  You may think you are coping well with the changes in your life because of your condition when that may not be true.  Family and friends may see changes that you are too close to the situation to realize.  In a hearing, you are focusing on the negatives of your situation that make working difficult, if not impossible.

 Get Legal Assistance

You should always consult a lawyer when dealing with legal issues, but an appeal hearing is definitely not the time for doing it yourself. A disability lawyer can help your appeal case in the following ways:

• Organizing medical information and insuring that medical professionals evaluate your disability in the fashion that Social Security will accept
• Eliciting appropriate witness testimony from you, your family and friends
• Understanding the nuances of the social security act and its stringent requirements for a successful disability claim

Social Security will withhold 25% of any past due benefits for attorneys fees. Seek a lawyer as soon as you request a hearing before the Administrative Law Judge.