I just got my notice of my disability hearing date. What do I do?
After a long and tough wait, you finally get a letter in the mail from the Office of Disability Adjudication and Review (SSA Hearing Office) that lets you know that you have a “Notice of Hearing”. You are excited because you finally have your hearing date. Now, you are stressing because of two things:
- What does the letter mean?
- What do you do next??
Fortunately, the notice is fairly straightforward but here are a few things you should remember. If you have a NOTICE of HEARING, my discussion mirrors the way your notice is explained:
- It is important that you attend your hearing.
- Make EVERY attempt to attend the hearing. I know it’s tough if you don’t have any transportation but if, for some odd reason, you can’t attend, CALL them before the hearing date to see if they can make any accommodations. You DON’T want to miss this date.
- Bring a picture ID. I have actually seen people turned away because SSA couldn’t verify the person’s identity.
- Bring your CURRENT medications. It’s important that you bring the medications that you are currently taking. NOT medications that you taken in the past. Also, think about what side effects of the medications. Remember, your medications are a big part of your case.
- If you worked since your disability began, be prepared to discuss the work and bring pay stubs and tax returns if you have them.
- Complete the Enclosed Form. Make sure you return the acknowledgement form. SSA wants to know that you are definitely coming to the hearing.
- Submitting more evidence and reviewing your file. Review your file and Submit every piece of evidence that relates to your disability. Here’s where it can get tricky. If you don’t know what’s in your file, you won’t know what send. SSA is moving away from paper file so you need to request a copy of a compact disc (better make sure you have a computer you can access). You can access your file at the court using one of their conference rooms. If you have problems getting medical records, let SSA know IN ADVANCE with the name of the doctor, the address, the phone number, what they are treating you for, and what records are missing. Remember, you want to notify SSA as far in advance as possible.
- Issues I will consider. The notice will tell you what application the court will focus on so if you know you filed earlier, you may need to clarify. Some people have filed earlier. In some RARE instances, SSA may consider the earlier application but it depends. If you’re not sure if you fall into one of those rare instances, speak to a representative.
- More about the issues. Pay close attention because in this section, the court may mention particular issues that they will discuss. You need to be prepared to address these issues.
- Remarks. Sometimes a vocational expert or medical expert will appear at your hearing. The vocational expert is there to speak about the work you have done in the past and the impact of limitations on doing certain work. The medical expert will speak about the medical evidence in the file and what limitations they reveal. You will have the opportunity to ask them questions but the questions should be presented in a certain way. If you don’t what to ask, you should speak to a represent.
- Your right to request a Subpoena. In some instances, at the discretion of the judge, the judge will issue a subpoena for a person to testify or submit records. Remember, you want to ask the judge, at least, 5 days before the hearing and be specific about what you need, who the person is, and where it can be located.
- What happens at the hearing? Remember, this is YOUR day. You may have been through the process for a year or longer and you may have NEVER had a chance to talk to anyone. This is your day to discuss case, explain any conflicts in the medical evidence, tell the court about your condition, and present your reasons for why you are disabled. Everything is UNDER OATH so be prepared to tell the truth.
- The Decision. Sometimes the judge will let you know whether they believe you are disabled at the hearing but most times they will not. The written decision is VERY important because it is what gets you paid if you win or what you need to appeal if you lose. Let me be clear. EVERY court and judge is different in terms of the time it takes to make a decision and it depends heavily on the evidence in your file and the back log of the court.
I hope this post helps. If you visit my www.youtube.com/ReevesLawFirm, starting 11/21/2016, I am doing a daily Step by Step guide to understanding your Disability hearing notice. If you have any questions or if you would like a particular video, please let me know.