In the event an application for Social Security disability benefits is denied at the initial stage it is then subject to appeal. There are basically three levels of appeal; reconsideration, a hearing and the Appeals Council.
A request for reconsideration is just that, asking an administration official other than the first to look at the application again, rarely does this result in approval and should this be the case the applicants Social Security lawyer in Know County will request a hearing in the presence of an Administrative Law Judge. The Administration tries to arrange the hearing venue to be within a seventy five mile radius of the applicant’s residence however, the hearing can also be done via video conferencing if the applicant agrees. With the success rate of an initial application being less than 70 percent it is easy to see that large numbers of hearings are requested, so many in fact that in most cases it takes over a year for a hearing to actually take place.
Hearings and reconsiderations are quite different, in the case of a hearing the applicant and his or her Social Security lawyer in Know County actually have an opportunity to see and talk to an administration official, in the case a judge who is the decision maker. During the hearing the applicant and the lawyer have the opportunity to tell the judge all about your specific limitations and in many cases the judge will also see them. You will be granted the opportunity to present depositions, call witnesses such as your doctor, your last employer and even friends and family and question them. The administration can also call their expert occupational and medical witnesses, the attorney will be given ample opportunity to cross examine them.
Although a disability hearing is a legal preceding it is not as strict as one would expect in a court of law, nevertheless it is important for the supplicant to be represented by a seasoned Social Security lawyer. As well as prepare for the hearing, the lawyer can explain what to expect during the hearing, give the client insight into the judge and adequately prepare the applicant to participate effectively on his or her own behalf.
There are cases where the applicant is excused for attending the hearing. Instead, the lawyer can request an “on the record” decision. The lawyer will prepare a written summary of everything previously submitted and prepare a written argument for approval of the claim. In the event the judge agrees to this approach he or she will review the details and make a decision.
The laws that apply to a disability claim are very complex, when your case reaches the point where you are granted a hearing you should by be represented by a Social Security lawyer in Know County. You are invited to contact the Law Offices of Miller & Drozdowski, P.C.