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Need Help In What To Expect In Disability Court

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Deleted member 12723

My daughter has a lot of health problems and many different diagnosis and PTSD is just one of them. She has already gone through the system and been turned down. She has full documentation and letters from doctors, and letters from her family and this upcoming court date is an appeal.

Have any of you gone through the system and been here before successfully and can you tell me what to expect? I understand that is different for everyone but I think a general assessment is what is needed.

I would greatly appreciate this. Thank you in advance. This is Social Security Disability that she is wanting.
 
@gizmo Hopefully you have an attorney but if she is doing it "Pro Se", this is generally how it goes. The Judge or Magistrate will have a medical doctor and a vocational expert at his/her disposal. Usually those 2 experts are on a speaker phone but can be in the hearing room in person.

If her medical records show illness to the level prescribed my SSDI law, the Judge will sometimes decide based solely on the records he/she has. If the medical evidence is insufficient, then the Judge will try to determine whether her level of illness prevents her from gainful employment. Not necessarily what work she used to do but any work suitable from her education and training history. This is why the vocational expert is there.

It is not an adversarial hearing. The Judge just wants to know if either the illness rises to the level prescribed by law, or the illnesses rise to a level that prevents her to work, or a combination of the two.

Sometimes the hearing only takes a few minutes, sometimes it can take much longer. The Judge will take as long as necessary. The time he or she takes is not an indicator on whether it's denied or granted. Sometimes the Judge will tell you right off he will grant your appeal but most of the time you'll wait for the written decision. Depending on your State's caseload, it may take a while but you'll eventually receive a very detailed set of documents explaining the judges decision. The Judge can deny outright, grant for a set period of time, or grant a fully favorable decision meaning it goes back to the date of filing and continues for the future pending any future reassessment of the claim. Don't stress over that. As long as the conditions continue and she doesn't return to work, the decision continues.

While waiting for the decision, be sure to call your local Social Security Office and update or give them your checking account information. You do this so that, if the claim is granted, Social Security can deposit the back pay and current payment immediately. If it is granted back to the date of filing and that date is greater than 24 months, she will be issued a Medicare card.

There might be a few things I forgot but that is the process we went though. My sufferer was granted a fully favorable decision due to her physical illnesses made working impossible. Her process took 4 years.

I hope this answered your questions.
 
To add to Freedomfighter's post....yes, you should have an SSDI attorney because they generally know exactly what the Judge is looking for and can get the proper and relevant records in the case file before the hearing. If she already has a hearing date scheduled, an attorney may not have the time to prepare. Since a SSDI appeal hearing is not adversarial, going Pro Se is not recommended but it's not fatal.

An SSDI attorney generally doesn't collect a fee up front and, other than expenses incurred obtaining your medical records, generally gets either 25% or $6,000, whichever is less, from the back pay award. If the case is denied, the attorney does not get paid. So unless the attorney believes you have a good chance of winning, they won't take it.

In our case, we had an attorney and he got $6,000 because it was the lessor amount and the back pay was 4 years. I think we got a bill for $12 for office postage and that is legal. Social Security deducts the attorneys pay from the back pay award and sends it directly to them. If you don't have an attorney and you get a fully favorable decision, there is no deduction.

Edit for spelling
 
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As others have mentioned, pro se for a disability hearing is Not a great idea.

The more important issue is that if someone is able to successfully navigate disability court, that itself is good evidence against the disability claim itself.

Attornies for SSI /SSDI by law can't charge the client for anything. They are paid by SSA out of the back pay if they win (which gives them good incentive to win).

The hearing is not adversarial in terms of it being like a criminal trial. It's also not a friendly affair. I was questioned fairly harshly during mine. It was short, but still hard to go through. I broke down in tears, not at all intentionally, and my attorney used it as evidence that see, I can't work if I can't even handle the hearing without crying. Sigh.

My disability was granted fairly quickly.
 
Thank you @Freedomfighter @Snowflakes and @Justmehere for your responses and detailed answers, Sadly she did not get an attorney, I know, and her hearing is on Friday. She is really smart about gathering documentation and has a letter from her surgeon or doctor I am not sure which. I will let you know how it goes.
 
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If it is granted back to the date of filing and that date is greater than 24 months, she will be issued a Medicare card.
I thought this was old hat to me... yet I did not know exactly how I ended up with Medicare as primary insurance, over family care. This would explain it.

Thank you for taking the time and being so detailed, @Snowflakes ! It's good to know what you have and why...but it can be so absurdly complicated.
 
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