After you send in your Social Security Disability (SSD) application, you hope for approval. But that is not always the case. Most people will receive that dreaded denial letter.
However, that is not the end of the journey. Your next step is a hearing before an Administrative Law Judge (ALJ). This is your chance to explain your situation in your own words and give the judge the complete picture of your health.
Going through a hearing may sound a little nerve-wracking. But we have provided a few tips for preparing for your SSD hearing so you have the best chance of success.
What to Expect at a Hearing?
Your SSD hearing will not be an adversarial battle like a courtroom drama on TV. There is no jury, gavel banging, or “gotcha” moments. Instead, think of this as an in-depth conversation. During this time, the judge looks over your medical records, listens to your testimony, and may hear from experts.
In Tennessee, hearings take place at the Office of Hearings Operations (OHO), and they might even be conducted via phone or video. The whole focus of the hearing is to determine whether your medical conditions keep you from working under Social Security’s rules.
Get to Know Your Case File
Before your hearing, you will want to review what Social Security already has in your file. That means:
- Your application
- Denial letters
- All your medical records and evidence
- Test results and imaging reports
- Statements from your doctors
- Your work history forms
Many times, you get an “exhibit list” from the hearing office showing exactly what is in your file. You want to review it carefully, especially to see if something is missing or outdated.
For example, if you have seen a specialist or had a hospital stay, make sure to get those records before the hearing. You may want your providers to fill out a Residual Functional Capacity (RFC) form describing your physical and mental limitations in detail. This can help strengthen your claim as you go before the judge.
What to Expect with the Judge’s Questions
During your hearing, the ALJ will ask questions about:
- Your past jobs and what they involved physically
- When your health problems started, and how they have changed
- What a “typical day” looks like now
- What you can and cannot do
- Medications and side effects
- Any attempts made to keep working
You want to give specific answers. For example, “After 15 minutes on my feet, my knees start throbbing, and I have to sit down.” All these details help the judge picture what life is like for you.
Consider Legal Representation
You can represent yourself at an SSD hearing, but working with an SSD lawyer in Tennessee allows you to have an advocate who knows the process, and that can make a big difference. They know what the judge is looking for, how to prepare the evidence, and how to handle expert witnesses.
How to Put It All Together
With all these tips, it can be easy to feel a little stressed. Here are a few points for your hearing.
- Tell the truth: The judge will compare your answers with your records. You never want to over exaggerate or lie about your condition.
- Never downplay your pain or symptoms: This is the time to be completely honest about how hard things have gotten. The judge needs to know about the reality of your situation.
- Stay on topic: The hearing is about your ability to work, not about your bills, family issues, or anything unrelated to your condition. Focus on how your disability has affected your ability to make a living.
- Bring a list: Medications, doctors, or important dates are fine to reference during your testimony.
Your Tennessee SSD hearing is your chance to tell your side of the story. If you go in prepared, with updated evidence and honest answers, you will give yourself the strongest shot at getting the benefits you need.
We Are Here to Help with Your SSD Hearing in Tennessee
With these few tips, you are one step ahead in preparing for your SSD hearing. But before you proceed, you may want to get help from an experienced Tennessee SSD lawyer.
At Easter & DeVore, Attorneys at Law, we are ready to help you through this process, whether you are a first-time applicant or need help with a denial. Contact us to schedule a consultation.
