5 common mistakes made representing yourself at your Social Security Disability Hearing

 5 Common Mistakes Unrepresented People Make before their Hearing:


Social Security is not here to help you or help you prepare your case. They do not care if you win or lose. This is another great reason to hire a lawyer if you can. There is no upfront cost to hire a lawyer. 


1. Failing to goto the doctor.

Social Security will not rely on your word when determining eligibility. You may be denied because you don’t have medical evidence supporting your conditions. This can be a catch 22 situation because you don’t have medical insurance since you are unable to work due to your medical conditions.  You should apply for the Affordable Care Act or seek a free clinic in your area. Without medical records to support your condition, SSA will more than likely deny your claim.


2. Failing to provide an accurate list of all medical providers.

Your application for disability benefits rests solely upon the medical evidence you are able to provide. If you do not provide SSA with an accurate list of all of your medical treatments for the appropriate time frame they will not have your complete medical file to make a decision. Thus, leaving them to make a decision based on an incomplete record.


3. Failing to provide updated medical records.

Most unrepresented people think the once you get a hearing date SSA will send letters to all your doctors and update your medical records since the medical records were last requested. That is not true. You have a responsibility to get your medical records updated and submitted 5 days prior to your hearing date. If you need help doing this than you should call the hearing ALJ and ask for help. 


4. Failing to obtain a treating source statement.

Most people don’t know that a statement from your doctor can be extremely helpful in obtaining disability benefits. This is because your doctor is in the best position to form an opinion about your ability to work.


5. Failing to seek counsel to represent them at the hearing.

If you have to go a hearing, which most people do, you will be required to provide the judge with testimony regarding your situation. The judge will also likely request that a medical expert and/or a vocational expert attend the hearing. You need to be prepared to cross-examine both experts. Without having an in-depth knowledge of the Social Security program you are placed at a huge disadvantage in presenting your case to the judge.

If you think you may qualify for disability benefits you should seek experienced legal counsel for advice. It doesn’t cost you anything out of pocket. The Social Security Administration regulates all fees an attorney is allowed to collect for disability claims. These fees are contingency-based, meaning your attorney will only get paid if they can secure your disability benefits. Talk to an attorney about your disability claim. You have nothing to lose but everything to gain.


If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases.

Location: United States

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