Denied at the Social Security hearing? Request the hearing tapes!

DisabilityAppeal.com has a interesting article on the importance of requesting the hearing tape if you are denied at hearing.

In many instances, once the tapes are obtained and listened to, parts of the record will be inaudible. And in a lot of cases [Social Security] can’t produce the tapes at all because they have been purportedly lost (usually when an ALJ said something during the disability benefits hearing that may reflect poorly upon him). An incomplete or missing record, when noted in a legal brief sent to the Appeals Council … results in an almost automatic sending of the case back for a new hearing.

Good point. I have seen a number of instances where a hearing tape was lost which resulted in the case being sent back for another hearing. I disagree that requesting the hearing tape is an essential requirement, but it is certainly does not hurt.

But the “lost tape” is going the way of the dodo. Many hearing offices are retiring multi-channel audio tapes and replacing them with digital recordings. This makes it much less likely for a hearing tape recording to be lost.

So much for the easy win. Back to rolling up your sleeves and making a strong legal argument.

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Disclaimer: This is NOT legal advice. This site provides general information about Social Security disability cases in Colorado. To discuss your particular circumstances, please contact a lawyer in your area. Please review the full disclaimer .

About Tomasz Stasiuk

Tomasz Stasiuk is a Colorado Springs Social Security disability lawyer and the founding attorney of the Stasiuk Firm - a law firm specializing in Social Security disability cases in Colorado. Follow Tomasz Stasiuk on Google and Twitter

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  • chas

    with the comments of the ALJ being disgrunted by our Lawyer post an denial,requesting these tapes may end up as noted..we hope in a way NOT but if returned to a new hearing at least we have more AMMO now as to wife's case… age (over 55 now),PCP letter as to fit to work as negative,and hard increase in Rx as strength…

  • bear10

    as per post comment by lawyer as to ALJ denial. these tapes now to aquire as to content and since wife now is over 55,has letter from PCP as to fitness to work, and a potent increase in Rx taken.. we shall see as to outcome..

  • http://www.SocialSecurityInsider.com/ TomaszStasiuk

    Thanks for your comment!

    It sounds like you have or are about to appeal the hearing denial. Hopefully the Appeals Council will approve the case or give your wife another hearing.

    I wish you the very best.

  • chas

    with the comments of the ALJ being disgrunted by our Lawyer post an denial,requesting these tapes may end up as noted..we hope in a way NOT but if returned to a new hearing at least we have more AMMO now as to wife's case… age (over 55 now),PCP letter as to fit to work as negative,and hard increase in Rx as strength…

  • bear10

    as per post comment by lawyer as to ALJ denial. these tapes now to aquire as to content and since wife now is over 55,has letter from PCP as to fitness to work, and a potent increase in Rx taken.. we shall see as to outcome..

  • http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

    Thanks for your comment!

    It sounds like you have or are about to appeal the hearing denial. Hopefully the Appeals Council will approve the case or give your wife another hearing.

    I wish you the very best.

  • Billy McElrath

    In my wifes case, the judge ignored the vocational experts testimony, plus the social security doctor put several things in his letter that were completely untrue. I think after listening to the audio my Attorney should have help us file an unfair hearing against the ALJ, what is your opinion?

  • http://www.Planet10Tech.com TomaszStasiuk

    Talk to your attorney. See what s/he thinks. There is often disagreement about the evidence. However, that is what appeals are for. An unfair hearing complaint is a different matter.

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