One of the key aspects of a disability appeal is the disability hearing. Although this is not a formal court proceeding, it is crucial to have proper representation. Jon Sipes, Attorney-at-Law regularly represents clients in disability hearings in El Paso, throughout Texas and nationwide.
Despite the fact that a disability hearing is relatively informal, it is still a complicated administrative proceeding that requires the careful guidance of a skilled SSDI lawyer. When you work with Jon Sipes, you can rest assured he will fight to help you obtain the disability benefits you need and deserve. He has a well-earned reputation as a compassionate and devoted advocate of the disabled and a proven history of achieving successful outcomes in disability hearings. Please contact our office today to learn how we can help with your disability appeal.
Why are disability claims denied?
Social Security disability benefits provide financial resources to individuals who cannot work due to a qualifying medical impairment. Obtaining these benefits is complicated, however, and the majority of initial claims are denied.
The leading reasons for benefit denials include:
- There were mistakes in the application
- The claimant did not have enough work credits (SSDI)
- The applicant did not meet the income and asset test (SSI)
- The condition is not considered a disability
- The medical record does not support the claim
- The claimant was not compliant with medical treatment
Despite having severe impairments, the claimant has the residual functioning capacity to do other work available in the US economy
If your claim is denied, the Social Security Administration (SSA) will send a letter explaining the reason for the denial and informing you about your right to an appeal. The appeals process starts by filing a Request for Reconsideration within 60 days of receiving the denial letter.
In this phase of your disability appeal, a disability examiner (and possibly a medical consultant) who was not involved in the initial claim will review the decision — less than 20 percent of reconsideration claims are approved. Generally, there needs to be a new diagnosis or your condition must have worsened for a reconsideration claim to be approved.
The next step is to file a request for a disability hearing before an Administrative Law Judge. This is where Jon Sipes, Attorney-at-Law comes in. He will provide you with informed representation and see you through the disability hearing, relying on his skills, experience and network of experts to build a strong case for your disability claim.
What happens at a disability hearing in El Paso or in your community?
A disability hearing is conducted by an Administrative Law Judge (ALJ), either in a conference room at an SSA field office or sometimes via video-conference and in some occasions, the hearings are conducted telephonically. The ALJ is not bound by previous decisions and is required to review the claim from a fresh angle.
The disability hearing will only be attended by the ALJ, you, your attorney, and any witnesses such as a medical expert and a vocational expert. These witnesses can provide evidence and testimony about your medical condition and how it prevents you from working.
Every ALJ conducts hearings differently but typically the hearing will start with a reading of the facts and then the ALJ will ask you questions about your condition, treatment, and how your daily activities are impacted. You will have an opportunity to speak about the severity of your impairment, but it is important to be honest and not exaggerate your claim.
Your disability lawyer is also allowed to ask you questions about your condition and call on the witnesses to learn more. The ALJ may ask a few more questions at the end of the hearing and then you have a chance to make a final statement. The ALJ will notify you of the decision within 60-to-90 days of the hearing date. If your claim is approved, you will be informed of the monthly benefit amount and the payment schedule. You can trust Jon Sipes to help you achieve a positive result.
Contact Our El Paso Disability Hearings Lawyer
Because a disability hearing will weigh heavily in the outcome of your benefits claim, it is crucial to have the first-rate representation Jon Sipes provides. When you become his client, he will explain all your rights, and choose the best approach to your disability hearing. He truly understands the medical and financial challenges you are facing, which is why you will not pay any attorneys’ fees until he wins benefits for you. Please contact our office today to set up a consultation.
Jon Sipes helps clients with disability hearings throughout Texas including El Paso, Alpine, Amarillo, Lubbock, Marfa, Midland, and Odessa.
This information included on these pages does not constitute legal advice and should be used as such. They are for informational purposes only.