SSD Hearing appointment info needed......
 

This is a question going out to anyone who had to go before an Administrative Law Judge as part of their Social Security/Disability case : I finally have my appointment, I’m asking if you can you give me some firsthand advice on what to expect, anything I should know in advance, anything I should bring with me, what I should or shouldn't say (you can send me a private message if you like). I know my lawyers are going to give me their legal take, but I’m looking for the personal spin from someone who’s been there. Thanks in advance for your advice.:confused::confused:

You should request a copy of your file from your attorney so that you can through it to verify that SS has received all of your medical records.

Without knowing the specifics of your case, it's difficult to know where to start.

Here's a link that might be of some help. http://ssdfacts.com/forum/index.php?board=4.0

Lit Love thanks for the site, i guess i have alot of things to go through in the next month.

As far as my history it is extensive I was originally injured in a work related incident in April of 2010(that led to my being retired on full disability) and it was those injuries that led to my being permanently disabled. There was also a second incident in 2012 that added to existing injuries and also created new injuries/disabilities.

In the short version currently:
I have memory and concentrations issues from post concussion syndrome,
I have pain and loss of ROM in my neck for which I've already had 1 surgery and possible 1 pending,
I have permanent loss of ROM and feeling in my right shoulder, arm, wrist and hand - 1 already had 1 surgery and before my hearing i'm scheduled to have another surgery
I have permanent damage to my lumbar spine that my doctors say is inoperable, but after we get ALL my other surgeries done they want to try a spinal simulator to help with the constant pain and numbness that affects both my legs and feet.

Thanks for your input, i guess i'm going to have to write up some notes since i can't remember the little thing any more.

Having one surgery pending, let alone three, might make it difficult for the ALJ to rule that you should receive a Fully Favorable Decision.

You have to remember that the standard is are you able to perform any job above the SGA (Significant Gainful Activity) level, $1090 per month.

The ALJ decides your Residual Functional Capacity. If there is a Vocational Expert at your hearing, the ALJ will pose a series of hypothetical questions to him or her to determine if there are jobs you would be able to perform.

If you have not had your doctors fill out RFC forms, I would HIGHLY recommend you do so. (Your doctor/s may charge you a small fee to fill this out. Some may want to have you tested before filling out the paperwork--this extra evidence is well worth it IMO. Your insurance or Work Comp may cover the cost of the testing.)
http://www.disabilitysecrets.com/rfc...statement.html

be ready to answer the question of what you do during the day. you may be asked how you got there if you cant drive. look the judge in the eye when you answer questions. dont rush into an answer, stay calm and think for a second before you answer.

remember it is how your illnesses or conditions affect your ability to work that is important not the list of conditions. how they affect your ability to sit, stand, walk, lift, bend, kneel, reach, your stamina, your ability to concentrate etc are whats important depending on your particular case of course which of those are affected.

i wouldnt recommend going in too well dressed or made up if you are a woman. be yourself, how you normally dress. also dont heistate to ask the judge if you can stand if you need to during the course of the hearing, or sit back down again because of pain or discomfort. I had to do that during mine.


try not to stress too much about it. everyone is nervous, its only natural.

Testimony
 

Maybe someone can weigh in on this, medical records vs hearing testimony, would it be 60-40, 70-30 in favor of records or testimony? I've been to 5 hearings, and always walk away thinking I wish I didn't say that.

If your testimony contradicts the medical evidence, than you can sabotage your claim. But, if what you're saying is the truth and it disqualifies your claim, than the system has worked. There are a large percentage of applicants that while disabled, do not meet the requirements to receive SSI/SSDI.

This is also true regarding the doctors notes.
The judge also reads the doctor notes which are the "chit-chat sessions" you have w/your dr.

Another reason why you should have copies of all your medical records. The notes are included.

:hug:

I wouldn't go that far. I am normally dressed in sweatsuits or shorts, flip flops depending on the weather.

I don't know about other states/cities, but in N.J., ALJ hearings are normally held inside of court houses or a building set up like one.

My attorney gave me a list of dos & don't in preparing me for the ALJ hearing. #1 was that YOU will be appearing in front of a JUDGE. Dress appropriately. FIRST IMPRESSIONS LAST.....




:hug:


P.S. I am old school (Baby Boomer), so I know how to "dress" for court.
21st century babies who are born w/an iPhone in one ear, an iPod out the other & a computer shooting out where the sun don't shine come to court like they are auditioning for a reality show. :D

my hearing was in a regular office building. i dont think any in downstate new york at least are held in court houses.

i stand by my comment to be yourself. be polite of course and respectful, but dont make yourself appear to be worse than you normally are but also dont downplay the limitations you have. dressing sharply is bad advice in my opinion. first impressions do matter and if you look too good you may have shot yourself in the foot. putting up a good appearance is something that a person may be able to do for a short period of time on a particular day but not be able to do day in day out over a long period and i think that is the point

The advice I've generally seen is not to dress up as if you're going to court and not to dress too casually. A happy medium should be appropriate.

I went to two hearings. The first was your worst nightmare....it lasted all of about 15 minutes. The judge thumbed through my medical records, looked at me and said denied. He looks healthier than me.

The attorney brought up the medical records, and then said that even the social security doctor agreed about being disabled. The judge then said, he isnt accepting the medical records as evidence....denied. It was over just like that.

The second one was a bit longer, maybe 45 minutes. It was a 2 1/2 year wait to get it, but well worth the wait when you cannot work. The judge asked me what I was doing here? I didnt have an answer, so I said I cant work, and have to be here.

She smiled and said....you shouldnt be here because you got railroaded the first time. Then she asked me when did I become disabled....be honest she says. I told her in 2000 when I was hurt, but continued to try and work for another year and a half. Then she asked what date did you stop working. I told her, and she set the disability date to that date....which was a couple of years before I even applied for SSDI.

She asked everyone if they objected, and her assistant said they dont usually go past the application date, and the judge cut her off and said the date stands.

I dressed just like I do everyday....nothing special. All I can say is ......dont give up if you are truly disabled and cannot work. :winky:

Thanks
 

I just want to take this opportunity to say Thank you to all that took the time to reply. I'm not as anxious as I was before not having any idea what to expect, THANK YOU ALL:grouphug: :hug: