Little Rock Social Security disability lawyer explains the disability appeal process

Filing the initial application for Social Security disability benefits is relatively straightforward and deceptively easy. However, most applications are denied and then it becomes necessary to appeal.

At the appeal hearing, the Social Security Administration disability evaluation process shows itself to be a very complicated and confusing thing.

The hearing consists of a meeting with an Administrative Law Judge and you and your attorney. Here are answers to some frequent questions about Social Security disability appeal hearings:

The sequence of testimony at a Social Security appeal hearing

There are no set rules, and different judges may handle things differently. However, normally you will be questioned first. The judge may ask you a lot of questions and then turn the questioning over to your attorney, or the judge may expect your attorney to ask you all of the questions.

After you have testified, the judge will ask about witnesses and will listen to testimony from them.

What the judge might ask at your disability appeal

The judge will probably begin by asking about your age, education, and work experience. Then the judge will want to know about your medical condition, including your past problems and treatment history, and your current symptoms.

When medical experts are asked to testify at disability hearings

Medical experts are involved in only about 20% of hearings, and those are usually cases that involve mental impairments. The opinions of the medical experts are based on the medical records and testimony presented at the hearing, not from treating you.

A medical expert may be called when a case has one of the following:

  • A complicated medical issue.
  • A question of dealing with the Social Security Listings.
  • A mental impairment where the judge feels that he needs an expert’s help in completing the psychiatric review technique form.
  • An issue about residual functional capacity.
  • An onset date that is not clear from the medical evidence.
  • A question of failure to follow prescribed treatment.

Get a free evaluation of your Arkansas Social Security disability case

If you are not already represented by an Arkansas Social Security disability lawyer, and would like my evaluation of your disability claim, give me a brief description of your claim using the form to the right.

Or, if you prefer, you may email or call my office.

Don Eilbott
Little Rock Social Security disability lawyer