Disability hearings are much less formal than hearings you may have experienced in a courthouse. If your request for reconsideration of Social Security’s denial of your disability is also denied, you can appeal further by requesting a hearing. A disability hearing in Chattanooga is the first appeal that you and your disability lawyers can make.
When and where is the hearing held?
It is highly recommended that you and your lawyer attend the hearing in person however, if it is agreeable to all concerned it can take place via video conferencing. The Social Security Administration does everything in their power to set the meeting within 75 miles of the applicant’s home. As a result of the huge number of applications for disability benefits and the fact that the greatest majority are denied do not be disappointed if you have to wait several months for your hearing. You will be given 20 days advance notice of your hearing.
What happens during the hearing?
What is extremely important about the hearing is that it is a face to face meeting between you, the administrative law judge and your disability lawyers in Chattanooga. The judge is the person who makes the decision; this is your golden opportunity to state your claim forcefully. During the hearing your lawyer will have a chance to tell the judge what limitations you have; with some disabilities the judge will be able to see your limitations with his own eyes. At this time the lawyer will offer depositions as well as calling witnesses that can support the application. In many cases the Social Security Administration will have medical and occupational specialists; the lawyer will have an opportunity to cross examine them as well.
Although the hearing is less formal than you would expect in a courtroom it nevertheless is still a legal proceeding. This being the case you must have a disability lawyer with you who is experienced in the procedures of the hearing. The lawyer will prepare and present your case to the Administrative Law Judge; the lawyer will also explain to you in detail what to expect and provide you with numerous hints and tips on how you should respond to questions and actively participate in the hearing.
Depending on the facts associated with your claim for benefits you may not actually have to attend a hearing. Your disability lawyers in Chattanooga can request that an “on the record” decision be made. This means that your lawyer gives the judge a written argument for approval, the judge can approve this or not. If the judge does approve the claim a decision will be made, if not you will still have a hearing.
It is very important that you have disability lawyers when you are making a claim for Social Security disability benefits. You are invited to discuss your claim with McCarthy, Murphy, & Preslar, P.C..