An SSDI hearing takes place after a claim for disability, or SSDI benefits, is rejected.
SSDI, or Social Security Disability Insurance, is a federal program that provides financial aid to individuals who lose their ability to work and earn a livelihood to support themselves as a result of a disability.
Applying for disability benefits is a long, drawn-out process and you can read more about it here . Because of the nature of benefits, the sheer number of applications received is extremely high, resulting in a large number of claims being rejected.
An SSDI hearing, however, provides a way to appeal the rejection and a second chance to be approved for benefits. What happens if you receive a notice for an SSDI hearing?
An SSDI Hearing
An SSDI hearing is attended by a Social Security Administration appointed judge. The hearing will be attended by the claimant, the judge, the lawyer or advocate of the claimant, and a witness on the claimant’s disability conditions.
In most cases, nobody else will be allowed to attend the actual hearing.
Questioning the Claimant
SSDI hearings may differ depending on the reason they are being held in the first place. These reasons can be medical in nature, concerning the disability in question. The judge will ask questions with the intent of learning more about the claim. The claimant is expected to answer truthfully, without leaving anything out.
The claimant can be represented by the lawyer or attorney, who can then also answer for them and argue the case if needed.
Questions Directed to the Witness
At times, questions may be directed to the witness who will provide perspective on the disability claimed on the application. This individual is also asked about the claimant’s reduction in ability to work and earn a livelihood, as well as the kind of work the claimant might still be able to do.
Additional Questions
The claimant can make comments, in addition to whatever information has already been exchanged with the judge. The decision to award the claimant benefits under the SSDI is in the hands of the judge conducting the hearing.
Why Do You Need an SSDI Attorney ?
The request for a hearing is made when the claim for SSDI benefits is rejected even after a reconsideration request is made. This request for hearing must be made within 60 days of receiving the notice of rejection of the reconsideration.
For an individual faced with the prospect of a life-altering disability, it can be difficult to track timelines, let alone ensure follow-up.
Though it is not compulsory to have legal representation, having a lawyer by your side can make all the difference between approval and rejection. An SSDI lawyer can help ensure that the hearing is held correctly and that the queries and questions directed at you are the right ones and not outside the purview of your case.
Special considerations, such as a change in venue or date or time, may also be successfully represented by your lawyer or attorney. This becomes especially important in the case of a debilitating disability where movement itself is also restricted.
Your lawyer can also help prepare you for the case so that you answer queries better and do not leave out information, even inadvertently. Such instances can create complications that could directly affect chances of approval. Having a lawyer by your side ensures you do not miss out on any crucial dates or times which could lead to denial of claim.
The decision of the hearing is not provided immediately. Having an attorney by your side also helps you go through the waiting period between the hearing and the decision.
At Legal Rights Advocates, PLLC, we help clients who are facing disability in MA and preparing to live with it with dignity and independence. Our team of attorneys, over the years, has helped countless clients understand financial aid programs like SSDI, SSI, Medicare, and Medicaid better while successfully applying for them.
If you are interested in learning more about disability insurance, call us at (855) 254-7841 for immediate assistance.