Virtually all individuals who file for SSI disability or Social Security disability are turned down on their initial application. If you have appealed such a decision, it is important to ensure you are well-prepared for your day in court. Preparation is key for any hearing but is particularly vital for hearings involving disability benefits. You should have essential paperwork and organized medical records on hand to present proof of your disability. It is also wise to avail yourself of the services of a Social Security disability lawyer who can offer the appropriate advice.
Current Medical Records
The Office of Disability Adjudication and Review–ODAR–assigns your records to someone for “case development.” However, it is unlikely this person will continue to gather information on your behalf and update your records from the time the case is first developed until your hearing date.
Therefore, an extremely important aspect of hearing preparation is gathering additional medical records as you wait for your scheduled court date: you should never place yourself in a position where you have to explain away a large gap between the initial information you submitted and more recent documentation of your case. This means it is up to you to ensure your medical records are current on the day of your hearing.
When you receive a Notice of Hearing, which contains information about the date and time of your hearing, you should immediately contact all medical providers to request your most recent records.
ODAR typically gives you 30 days notice to submit such records, and therefore you should have plenty of time to forward copies before your hearing date. Always keep copies for yourself as well.
In addition, do not request all your medical records again, as this results in duplication. Rather, review your case file to discover where the Social Security Administration left off and then obtain any necessary records to fill in the blanks. A qualified Social Security disability attorney can assist you with this process.
Reviewing Your Case File
After you have gathered any necessary medical records and forwarded copies to ODAR, you should review your case file in detail. If you have not already done so, you should review the file to familiarize yourself with the reason you were initially denied benefits, as this helps you prepare your argument regarding why this decision was wrong.
You should also check for mistakes in your records or any missing files that need to be located prior to your court date. If you have any problems obtaining your case file or anyone erroneously tries to deny you access, you should immediately speak to an experienced Social Security disability lawyer.
Obtain a Statement From Your Physician
A vital piece of medical evidence is your physician’s opinion. For this reason, it is imperative to obtain something called a “supportive statement,” which should come from your primary care physician. This statement is a detailed letter that explains precisely which work activities you can or cannot do, and specific facts about your functional limitations.
Your doctor may choose to write this out in the form of a letter, but he or she can also fill out a form used by the Social Security Administration, referred to as an “RFC” form. Either option is fine, as long as you have this document in hand on the day of your hearing.
Never use an old statement from the beginning of your case. The courts usually want to see a recent supportive statement from your doctor in case anything has changed between the time you first applied and the date of your hearing.
Seeking Professional Advice
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