 |
 |
 |
 |
 |
 |
 |
 |
|
| This page attempts to answer some questions people often have when they are going to have a disability hearing. Please read the following questions and keep them as a references.
|
|
 |
printer friendly version |
How long will it take for a hearing to be held, a decision to be issued and for benefits to be paid? How will I be notified of the date of my hearing? Should I send my attorney the “acknowledgement” that comes with the Notice of Hearing? What happens if I get a Notice of Hearing before I am notified by my attorney of the date? Do I need to get medical records or reports for my attorney? But what if my doctor gives me a report? What if the Judge sends me a form to be completed by my doctor? Should I send anything to the Judge? Will I have to fill out any forms before my hearing? What will my attorney do to prepare for the hearing? Should I telephone my attorney whenever I see a doctor? Under what circumstances should I telephone my attorney? |
|
|
It varies a lot. Lately, some hearing have been held a few months
from the date a person requests a hearing, but most hearings seem
to take longer to be scheduled. After the hearing, it often takes
two to three months, as a general rule, for a decision to be issued.
After that, if we win, it takes a month or two for current benefits
to start being paid. From the date of the decision it can take from
one to 6 months for all back benefits to be paid. Thus, all this
takes a long time, much longer than it should. I’ve discovered
that there are few opportunities for a representative to speed things
up. About all I can do is try not to slow things down. |
|
|
You should hear from me first. The judge’s assistant will telephone me before scheduling your hearing to make sure I don’t have any conflicts on my calendar. As soon as I hear from the judge’s assistant, I’ll call you. After you hear from me, you’ll get a Notice of Hearing from the judge confirming in writing the date, time, and location of the scheduled hearing. |
|
|
No. There will be a paper sent to you with your Notice of Hearing that you must mark to indicate that you’ll be coming to the hearing. This paper is called an Acknowledgment of Notice of Hearing. You may send the “acknowledgment” directly back to the judge. I don’t have to see it. But don’t send anything else to the Social Security Administration without me seeing it first. |
|
|
It may be that someone failed to call me about your hearing. So, if you get a Notice of Hearing before you are notified by me of your hearing, call me immediately. |
|
|
No. You don’t have to get any medical records or reports yourself. In fact, it’s better if you do not even try to get such things unless I ask you to. |
|
|
If you happen to get something such as a disability form completed by your doctor for an insurance company, etc., be sure to send me a copy. |
|
|
Sometimes a claimant may be sent a form to be completed by a doctor concerning how much work the claimant can do. If the judge sends you a form to be completed by your doctor, telephone me so that we can discuss how to deal with this. I may want you to send the form to me; but call me first so we can discuss it. |
|
|
No. As a rule, do not send anything to the judge without me reviewing it and making a copy for my file. |
|
|
Yes. Usually the judge will send you some forms to complete about recent medical treatment, what medications you’re taking, etc. Complete these forms as soon as possible after you get them and send them to me. I’ll forward them to the judge after I review them. |
|
|
I will review your social security file. I will figure out what we need to prove to win your case and how to prove it. I will get the necessary medical records and other records. I will obtain reports from your doctors, if necessary. And I will prepare you to testify at the hearing. |
|
|
No. It is not necessary to telephone me to tell me about routine medical care. But keep track of the dates of all medical treatment between now and the time we go to your hearing. I will probably send you a form to complete to tell me about all of the medical care you’ve received in recent months. |
|
|
There probably will be little need for you to telephone me to discuss you case prior to the time I notify you of when your hearing will be held. However, if one of the following things happens, please telephone me: • There is a dramatic change in your condition – for the worse or the better • Your doctor gives you a new diagnosis of your medical condition • You are hospitalized • You go back to work • You change your address and or telephone number • Someone from SSA contacts you • You get a letter from SSA that you don’t understand • You get a Notice of Hearing without first hearing from me telling you the date of your hearing • You get a form from the judge to be completed by your doctor But if at any time you have a question about your case, please telephone my office. We will be glad to answer any questions you have. |
|
|
|
|
|