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690 Flatbush
Avenue West Hartford, CT 06110-1308
860
236-9350
800 856-6400 toll free 860 523-9101 fax
10 Church St, Naugatuck
203 729-6100
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The
Social Security Disability Hearing
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As
Connecticut and Massachusetts Social Security attorneys, we
are aware that many
Social Security Disability or SSI cases go through 3 steps
before getting approved:
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(1) The initial
Social Security Disability or SSI application.
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(2) A first appeal.
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(3) A second appeal, which is a
hearing before a Social Security judge. To get this
hearing, it is necessary to file a Request for Hearing by Administrative
Law Judge.
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As
shown in the chart below, about 64% of people who apply for
Social Security Disability or SSI are denied at the initial
level. Not
everyone appeals from the denial of their initial
application. Persons
who do appeal have their best chance of winning their case
at a hearing before the Social Security judge. The chart shows that
judges approve about 63% of the cases that they hear.
Percentage
of Social Security Disability and SSI Cases Approved at Each
Level
| Initial
Application |
Reconsideration
Level |
Hearing
Level |
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Approved

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Denied
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Appealed
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Approved

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Denied
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Appealed
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Approved

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Denied
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| 36% |
64% |
34% |
14% |
86% |
86% |
63% |
37% |
Because a hearing before a Social Security
judge may often be your best opportunity for winning your
case, it is important to hire an experienced Social Security
attorney to represent you at the hearing. The sooner you
hire a
Social Security lawyer after you request a hearing, the more the
lawyer can do to help you with your case.
What an Experienced Social
Security Attorney Will
Do For You
An experienced Social Security
Disability attorney will do the following to give you the best chance
of winning your case:
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Make sure that the Social Security judge has all the medical
records and other written evidence necessary to best
present your case. |
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Plan a strategy to fit your case into the rules
that Social Security has for approving disability cases. |
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Meet with you before the Social Security judge hearing to let you
know:
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Who will be at the hearing. |
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What kinds of questions to expect at the
hearing. |
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What is the important information in your
case that you should make sure to tell the Social
Security judge. |
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What the judge is like. |
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At the hearing, ask you and any other witnesses
questions so that the Social Security judge has the information he or
she needs to best decide the case in your favor. |
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Present an argument to the Social Security judge, before and/or
after the judge hears the witnesses, as to why you
should win your case for disability and / or SSI. |
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Know when to keep quiet.
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An experienced attorney often is able to
"read" the Social Security judge and evaluate the evidence
to get an idea if the hearing is going in your
favor. |
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If the hearing seems to be going well, a
good lawyer knows that the best strategy is often to
keep quiet in order to keep additional information
from being presented that may just confuse the Social Security
judge
or make your case seem more problematic than it
really is. |
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An inexperienced lawyer (or a lawyer that
likes to hear himself or herself talk) may
needlessly keep a Social Security Disability hearing going and run the risk of
having things come out that will just complicate a case. |
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What the Social Security Disability
Hearing Will Be Like
Social Security Disability and
SSI hearings are closed to the public. The only people
present at the hearing will be you, your attorney, the Social Security judge,
the judge's clerk, an interpreter if necessary, and an
expert vocational and/or medical witness that Social
Security has hired for the hearing.
Unlike a court
case where there is usually an attorney representing the
other side who will try to ask you questions to make it seem
that you are lying, confused or exaggerating, there is no
attorney for the other side at a Social Security hearing.
Social Security hearings usually take about an hour. The judge usually does not
announce his or her decision at the hearing. Instead,
the judge mails a written decision to you and your lawyer
within a few weeks after the hearing.
You will be nervous at the Social Security
hearing. Everyone, including the judge, expects you to
be nervous. Because you will be speaking about your
medical conditions and other personal matters at the
hearing, you may get embarrassed, upset and even cry.
This is expected and happens quite often. The Social Security judge
will let you take a break so that you can compose yourself
and go on with the hearing.
If you have low back or other
physical problems that make it difficult for you to sit for
a long time at the Social Security hearing, the judge will allow you to stand up and
stretch a little.
You and the other witnesses will
be asked to take an oath to tell the truth at the Social Security
hearing.
Some Social Security judges like to ask most or
all of the questions. Other judges will want your
attorney to ask most of the questions and then may have
other questions for you. If there is a medical or
vocational expert, the Social Security judge may ask the expert if he or she
needs any more information from you before testifying.
More and more, at Connecticut
and Massachusetts Social Security hearings, experts or
interpreters are not physically present but take part in the
hearing by telephone.
Hearings may held by video
conference. This is a new and growing trend at
Connecticut and Massachusetts Social Security hearings. You
and your attorney may be in a hearing room with a Social
Security clerk while the judge will be in a in
another city, perhaps with an expert witness. There
will be a video camera link between the two Social Security hearing rooms.
Social Security Disability and
SSI hearings are recorded. An audio recording is made
in case of an appeal of the judge's decision. Because
the hearing is recorded, you should be keep the
following things in mind at the Social Security Disability
hearing.
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You must answer out loud and in words.
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If you shake or nod your head, your answer
will not be recorded. |
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If you say "uh-huh" or other
sounds that are not words, the recording may not be
clear. |
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You should speak loudly so that the recording
is clear and everyone in the room can hear your answers.
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There will be a microphone at the hearing
but it only records your voice, it does not make
your voice louder. |
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I always tell my client to speak as loudly
as I speak at the Social Security hearing. |
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Speak loudly even if you are speaking with
someone sitting next to you, such as an interpreter
or your attorney. |
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You should describe things with words instead
of just pointing or making gestures at the Social
Security hearing.
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If you are asked where you have pain and
you point to your low back and say "here,"
the audio recording will not show where
"here" is. |
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Instead, say "I have pain in the
middle of my lower back" or "in my right
knee" or in whatever body part you want to
identify. |
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Only one person should speak at a time during
the Social Security hearing..
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If two or more people speak at the same
time, the recording will not be understandable. |
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If you know what a question will be before
the question is finished, wait until the question is
finished so that the recording is clear and
complete. |
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If you are using an interpreter, wait until
he or she finishes interpreting even if you
understand the question in English. |
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If you are using an interpreter and need to
give a long answer, stop if the interpreter begins
to translate so that he or she can translate that
part of your answer before you continue with the
rest of your answer. |
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What Kinds of Questions Will You
Be Asked at the Social Security Hearing
The specific questions that you
will be asked will depend on your individual medical and/or
psychiatric conditions. In general, you will most
likely be asked the following 3 types of questions at a
Massachusetts or Connecticut Social Security Disability
hearing..
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Questions about your background, such
as:
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When and where you were born. |
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How far you went in school, whether you had
any technical vocational education, and perhaps
whether you had special education classes. |
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What kinds of jobs you had during the 15
years before you became disabled, including:
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The type of work you did. |
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How heavy your work was, including how
much weight you had to frequently lift and carry
and the most weight you had to frequently lift
and carry. |
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Whether you supervised other people. |
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Whether you had to fill out forms,
write reports or complete other paperwork as
part of your job. |
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Whether you left your job voluntarily
or were terminated and why you left or were
terminated. |
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Questions about your daily life, such
as:
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What time you go to bed, how well you
sleep, and what time you get up. |
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With whom you live and how well you get
along with them. |
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How you pass the day. |
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How often you leave your home, how you get
around, and the places you go to. |
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Whether you visit people and whether people
visit you. |
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How you get to your medical appointments. |
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The types of chores you do at home,
including whether you prepare meals. |
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The types of daily activities you need help
with and who helps you. |
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If you take medication, how often you take
it and if you need help remembering when to take it. |
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Questions about how your medical and/or
psychiatric conditions limit you.
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You do not need to know the medical terms
for your conditions or the dates of your
appointments. The judge will have reviewed
your medical records and know this
information. What the judge wants to know at
the hearing is how your medical problems affect you. |
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If you have physical problems, you will be
asked such things as:
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If you have pain, where you have pain,
how often you have it, what the pain is like
(sharp, dull, throbbing, etc.), what makes the
pain better or worse, what you do to try and
control the pain, if medication relieves the
pain. |
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How much weight you can comfortably
lift and carry. |
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How long you can stand comfortably in
one position before you have to sit down. |
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How long you can sit comfortably. |
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Whether you need to lie down during the
day. |
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How far you can walk without
stopping. (Usually it is easier to answer
this type of question in terms of time instead
of distance.) |
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If you have psychiatric problems, you will
be asked such things as:
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What kinds of things you like to do. |
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How your appetite is and whether you
have gained or lost weight. |
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How your energy level is. |
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Whether you often feel guilty or feel
like you have no self worth. |
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Whether you can follow along when you
are reading or following a program. |
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If you ever think of hurting yourself
or have tried to hurt yourself. |
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If you ever hear or see things that are
not really there. |
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If you feel comfortable around groups
of people. |
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If you often feel that people are
watching you or talking about you. |
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If you sometimes get so overwhelmed
trying to complete tasks that you lose your
normal ability to function for some time. |
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Why There May Be a Medical
Expert at Your Social Security Disability Hearing
The Social Security judge may
have a doctor present at your hearing as a medical
expert. Although Social Security pays for the doctor
to be present, the doctor is an impartial witness — neither for or
against you. The doctor is not there to examine
you. He or she is there to review your medical reports
and if necessary to help the judge understand any medical
terms in the reports.
The judge may ask the doctor:
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If your condition is so severe that it meets
the level of severity listed by Social
Security for your condition. |
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If your condition equals the required
level of severity. To equal a listing means
that your condition does not meet the technical
requirements of the listing but that your medical
signs, symptoms, laboratory findings and physical or
mental limitations are similar to those required by the
listing. |
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What limitations you are likely to have as a
result of your medical problems. |
After the judge asks the doctor
questions, your attorney will have the opportunity to ask
the doctor additional questions.
This can be particular important if the expert has given
answers that have hurt your case.
Some judges usually like to have
medical experts at the hearing. Other judges will just
have a doctor present if the case has complicated medical
issues.
Regardless of what the medical
expert says at the hearing, it is ultimately up to the judge
to decide whether or not you are disabled according to the
rules for Social Security Disability. The judge can
decide that your medical reports or other evidence are more
convincing than the expert's testimony.
Why There May Be a
Vocational Expert at Your Social Security Disability Hearing
The Social Security judge may
have a vocational expert present at your hearing. A
vocational expert is a person who know the kinds of jobs
that exist across the nation and in your state. The
expert can provide information about how much skill,
education, physical force and concentration is necessary to
do different kinds of jobs. Although Social Security
pays for the vocational expert to be present, the expert is
an impartial witness — neither for or
against you.
The judge may ask the vocational
expert to:
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Describe the skills that you would have learned
in the jobs that you held. |
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Describe the physical and mental requirements
of your jobs. |
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Say whether a person with physical and/or
mental limitations similar to yours would be able to do
any jobs that you did during the past 15 years. |
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Say whether a person with physical and/or
mental limitations similar to yours would be able to do
any jobs that exist in reasonable numbers in the nation
or in your state. |
After the judge asks the
vocational expert questions, your attorney will have the
opportunity to ask the expert additional questions.
This can be particular important if the expert has given
answers that hurt your case.
Some judges usually like to have
vocational experts at the hearing. Other judges will
just have an expert if the case has complicated vocational
issues.
Regardless of what the
vocational expert says at the hearing, it is ultimately up
to the judge to decide whether or not you are disabled
according to the rules for Social Security Disability.
The judge can decide that your file has evidence that is
more convincing than the expert's testimony.
When You Need a Western
Massachusetts or Connecticut Social Security Lawyer,
Rely on Us for Skill, Determination
and Experience.
SOCIAL
SECURITY DISABILITY / SSI
Hartford
Social Security Attorneys
Waterbury
Social Security Attorneys
New
Haven Social Security Attorneys
CT
Social Security Disability Attorneys
Springfield,
MA Social Security Attorneys
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Disability
Attorneys / Children's SSI Attorneys
Spanish
Spoken, Hablamos Espanol

Portuguese
Spoken, Falamos Portugues
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Please note that our law firm's website is designed to provide only
general legal information.
This information is not intended to be legal advice for your
individual situation.
If you have a legal matter, you should speak with and hire a
Connecticut attorney to handle your specific case. |
Serrano & Serrano, LLC
Connecticut Attorneys
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