This article discusses some clues that you likely won your disability claim at the hearing based on our years of experience representing claimants at Social Security hearings and winning. You probably have solid medical records that show a severe medical impairment. We have offices conveniently located throughout our service area. The judge will tell you the hearing went well for you and that you can expect to receive a written decision consistent with the bench decision within a few weeks. In 2020, he approved 37% of his cases. You have an important decision to make. A fully favorable decision means that the ALJ approved your claim with the alleged onset date that you asked for (the date you claim you became disabled when you filed for benefits). Contact us today for a free consultation. Call us now or Email! Meeting a listing means you are found disabled at step 3 of the. Short hearings and quick testimony from experts can mean that you had a good disability hearing. The hearing If such a judge hears your case, it provides no information on how the hearing went. Can I Get Temporary Disability After Surgery? For the best results, the vocational expert must testify that you cannot perform work as you did before and that you will not be able to work based on the disability youve experienced. There is no way to know if you will receive a favorable decision for most of you. Every ALJ is different. Your medications and medical treatments for your medical condition, Your daily activities and how your disabilities have hampered your ability to perform those activities. Often, when the hearing is short, it means the judge didn't have many questions for you and your disability attorney. During a bench decision, the judge will tell you and your attorney the hearing went well, and you should expect to get a written decision consistent with the bench decision in a few weeks. SSA guidelines set the minimum monthly SGA based on the severity of an applicants disability. The SSA denies many disability claims because applicants failed to submit convincing medical evidence. Some judges appear very warm and welcoming, while others are very "straight-to-business." This may not be a bad thing. Fortunately, a few signs indicate you may have won your SSDI hearing. The representative will also ask you about bank accounts and other government benefits (such as unemployment or workers' comp), to make sure that your resources are still below the limits for SSI eligibility. You can also submit adisability doctor letterof support for your claim. Before we dive into the signs you won your SSDI hearing, let's look at the stages of SSDI claims. In our experience, it takes two weeks to four months to receive a decision after a disability hearing. The SSA will assign your case to one of the ALJs in the Office of Hearings Operations (OHO) with jurisdiction over your claim. The length of time it takes to receive the judge's decision in the mail is not an indicator of approval or denial. Andrew S. Price is one of the founders and managing partners of Collins Price, PLLC. Without the VEs testimony, the SSA cannot meet its burden of proof at step five of the sequential evaluation process. You need to prove that you are no longer able to work for at least 12 months because of your disability. If the Social Security representative at the district office doesn't find anything wrong with your eligibility, Social Security will send you a Notice of Award letter explaining in detail how much your benefits will be and when you can expect these benefits to arrive. The following are the signs you won your SSDI hearing. Are There 2 Types of Disability Benefits? Whether the judge believes your subjective complaints of pain or mental health symptoms determines the outcome. The hearing office schedules hearings in 45- and 60-minute increments, but hearings don't always take that amount of time. Most SSDI claims progress to the hearing stage after failing to be approved at earlier stages in the appeals process. While we cannot promise this is the case for everyone, perhaps the most important sign your disability claim will be approved is when you hire a Social Security lawyer to help you navigate the disability claim process. That is the threshold question in any Social Security disability hearing. In that case, the judge might schedule another hearing, called a supplemental hearing, to review more information. Though you can have clues and signs that your SSDI hearing went well, it is always best to keep yourself from assuming the results. #3:The Judge doesnt involve a vocational expert. Successful disability applicants obtain enough work credits, as well as earn less than the limit set by substantial gainful activity (SGA). The SSA uses vocational experts (VEs) to meet its burden. 4 Common Questions To Prepare for at your ALJ Hearing, Autoimmune Conditions and Social Security Disability. At most disability hearings, you can also expect the ALJ to ask detailed questions about your condition and how it affects your work and relationships with loved ones. #2:The Judge is knowledgeable about your claim. Many judges ask the claimants attorney to make an opening statement. Ideally, at the end of the hearing thejudge states that the claim will be granted, and that a written decision will be forthcoming. Meeting a listing means that you are found disabled at step three of the Social Security Administrations disability evaluation process (there are five steps in total). Or, talk to a disability lawyer or advocate. For instance, short testimonies and hearings are signs you won your hearing, or the judge will award $21,316. Don't give up, though. In my experience, it is a good sign when the judge asks the VE to testify soon after the hearing starts. There are a number of factors that may be involved. During a vocational testimony, the vocational expert answers questions from the judge and your social security disability lawyer. One person claiming at age 62 and another at their FRA age of 67, if all else is equal, will equal out at age 77 and 10 months, Parker said. However, most times, disability hearings don't take that much time. Generally, when a hearing is so short, it means the judge didn't have many questions for you. The Social Security Administration (SSA) uses a five-step sequential evaluation process to determine disability claims. Before your SSDI hearing, research the Administrative Law Judges background and read any relevant legal documents. However, these events are often not recognized by clients as an indicator of a fully favorable decision. If the Judge has questions about your impairment that prevents you from working, often the VE is consulted. There's no way to tell if you'll get a favorable judgment after your hearing. The Notice of Denial or Notice of Award letter will give you the deadline for appealing an ALJ decision: 60 days after you receive the hearing notice. The number of work credits you will need to be eligible for disability benefits is dependent on your age and when you become disabled. But finally, after getting rejected at the initial application and reconsideration levels, you had your Social Security disability hearing. Because the claim process can take months to come to a conclusion, your Social Security lawyer might be able to move the process along by staying in regular contact with the SSA. This is a formal appeal of the denial. We are ready to help you get the SSDI and SSI benefits you deserve. However, don't worry if the judge doesn't issue a bench decision. What happens next depends on whether the judge decides to award or deny you benefits. It will disclose if you were approved or denied disability and include the reason for this determination. However, the most important part is to verify whether you meet the criteria specified in a listed impairment or, if not, whether your conditions are at a similar level of severity. They have submitted all the relevant medical evidence, attended doctor visits and followed treatment, and prepared for the administrative law judges (ALJ) line of questioning. Notice of Award. If your claim is denied at hearing, you can appeal the decision a final time before the Appeals Council, but it is unlikely that the Appeals Council will overturn the ALJs decision at hearing. This site is written for Social Security disability claimants, for their legal representatives, and for the network of people involved in the Social Security disability claim process. By submitting a request for a free evaluation, I acknowledge that I understand and agree to the disclaimer and privacy policy. Do you need to leave early? However, a young worker may qualify without the need to have earned quite so many work credits. There aren't many questions about your medical impairments. Then judges ask questions before allowing your attorney to proceed. Click here to find out. We are ready to advocate on your behalf to help obtain the disability benefits you need. Bench decisions are fully favorable decisions read into the evidentiary record. We represent claimants thoughout the states of Maine and New Hampshire. ALJs are unique. You may be eligible to receive $3,627 each month. It's not uncommon for disability hearings to last only 30 minutes; some judges and disability applicants are just able to cover information more quickly than others. In providing the name of a subscriber attorney or advocate, the website does not evaluate a users matter, and it does not endorse or vouch for a lawyer or advocates credentials, abilities, competence, character, or other professional qualities. Just like your disability being listed in the SSA Blue Book isnt an automatic guarantee of eligibility for disability benefits, earning a monthly income that falls below the SGA limit isnt a guarantee that your disability benefits application will be approved. These questions primarily concern how your body functions during a typical workday. You know you will receive Social Security disability benefits after your hearing if: GordonGates specializes in Social Security disability law, and he handles claims atevery levelof the Social Security disability claim process. Our practice at Collins Price is to avoid any kind of prediction with regard to a disability hearing. And you can control whether you get help with your case. 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