The BIG risk in appealing a “Partly Favorable” Social Security hearing decision
You finally got the decision on your Social Security case and it says… “Partly Favorable.”
This does not mean that you are “partly disabled.” Usually, it means one of the following:
The Judge found you disabled, but not as far back as you wanted; or
The Judge is approved a “closed period” of disability: that you were disabled from one date through another date. For example: the Judge might find that you were disabled from May 1, 2005 through December 31, 2007.
If you are ok with the partly favorable decision, give yourself a pat on the back for winning your Social Security case.
If, however, the partly favorable decision just makes you angry and you are thinking of appealing, please keep the following in mind:
How to review your Social Security file before your hearing
My last article talked about why it is so important to review your Social Security exhibit file.
But how do I get a copy of my Social Security file?
If you already have a hearing scheduled, Social Security will tell you in the Notice of Hearing that you should arrive thirty minutes before your hearing and you will then have a chance to review your file.
However, 30 minutes is NOT enough time to review your file. If you are like most people, you have never seen a Social Security file. If you simply start at the beginning of your file, your case may be called before you even get to your medical records.
What does Social Security really think about your case?
Wouldn’t you like to know what Social Security really thinks about your claim? The best way to find out is to review your Social Security exhibit file.
Everything Social Security has on your claim for disability benefits is contained in the “exhibit file.” This includes medical records, statements of limitations, notes from Social Security’s technicians, reports from any doctors Social Security sent you to, and any opinions Social Security based on the evidence in your file. Plus, you may even see post it notes flagging what Social Security thought was particularly important.
“But, wait there’s more…” The exhibit file also contains income summaries and earnings reports, as well as every form you filled out during your application, and possibly your prior files as well.
Why is this important?
If you want to know why you were denied (something more substantial than what Social Security told you in their denial), and what your chances are at hearing, you need to review your Social Security file.
Useful Site: Social Security’s Hearing Process
Social Security has a great website that describes the hearing process including how to file an appeal, what happens at a hearing, and how to file a complaint if you feel you have been mistreated by an Administrative Law Judge.
Unrepresented at your Social Security hearing?
Another blog recently wrote that if you go to your hearing without an attorney, the judge will assume you have no case, won’t treat you with respect, and is more likely to deny you.
Not surprisingly, they are trying to sell you their legal services.
Now, I certainly think getting an attorney is a good idea.
Statistically, your chances of winning are better if you have an attorney.
An attorney can help you collect evidence.
An attorney can evaluate your case for weaknesses and help you build the strongest case possible.
BUT, you should not hire an attorney out of fear.
I cannot speak about how judges in …
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 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 …
Social Security hearing tip: Watch out for these questions!
The Social Security Disability Blog got me thinking about some of the questions I have heard Judges ask at hearings.
It is fairly common to be asked the following questions during a Social Security hearing:
How long can you sit?
How long can you stand?
How far can you walk?
How much can you carry?
Be careful, your answers might get you into hot water.
People want to answer by telling the Judge the most they can do:
Well, I can walk for about half a mile.
The problem is that the Judge is trying to determine your “residual functional capacity” (RFC): what you can still …
