Q I’ve been denied twice for Social Security disability. Is this the end of the process, or can I go to Social Security disability court to plead my case?
If your official Request for Reconsideration was denied by Disability Determination Services, then your next step is to make an appeal in court. This appeal is called a Request for Hearing by Administrative Law Judge.
Here are a few things you should consider when preparing for a hearing in Social Security disability court:
- Timing – Applicants must request a hearing within 60 days after you receive your reconsidered notice of determination. You must make your request in writing.
- Reasons – Your written statement should indicate specifically why you disagree with the decision or how you have been adversely affected by the denial.
- Preparation – You and your attorney should go over the case file together, making notes of any new symptoms or complications from your condition. This may include taking statements from your physicians and medical experts with knowledge of cases like yours. New evidence could greatly affect the judge’s decision in your case.
- Appearance – You must present yourself in court—with or without an attorney—and testify under oath, responding to any questions from the judge.
The judge’s decision will be based on the evidence you have presented and the testimony given at the hearing.
If you waive your right to a hearing, the judge will only be able to make a decision based on the evidence you have already submitted—making it less likely your denial will be overturned.
The legal team at Manfred F. Ricciardelli, LLC. can help examine the limitations of your disability, call expert witnesses, and build a strong case to get you the Social Security benefits you deserve. Call us today at 877-360-0183 or click the link above to get more helpful hints in our FREE book, What the Injured Worker Needs to Know: Your Workers Comp Guide.