Saturday, February 1, 2020

CAN I JUST TELL MY OWN STORY TO THE JUDGE?

"Why can't I just go before the Social Security judge and tell my own story?"

You can, certainly.  You have every right to appear before an administrative law judge and represent yourself.  However, the question is:  Is this wise?

Telling your story really does not get you a benefit.

Proving that you meet the requirements of federal law under the Social Security Act is what gets you paid.  That takes a bit more than "telling your story."

Keep the following things in mind if you're soon to appear before an administrative law judge for a disability hearing:

1.  More people lose their hearings than win them.  In Alabama about 57 percent, on average, fail to get approved in disability hearings. It's not a pushover.

2.  You must have proof.  If you don't prove your case, you will not be paid.

3.  You only get one hearing per application.  If the hearing goes wrong, you do not get to appear before a judge again in any of the future appeals processes.

4.  Hearings are technical and you will be giving testimony under oath.  While hearings are less formal than trials or some other court appearances, they do require presentation of evidence to prove the case in order to prevail.

5.  If you don't have an advocate or representative at the hearing, no one else is allowed to advocate for you or help you during the hearing. 

6.  There will be one or more experts at the hearing to testify.  At a minimum, there will be a vocational expert.  At some hearings there will be a medical expert (doctor) who will testify for Social Security.  Do you wish to be unrepresented and unassisted?

I fear that persons who choose to be unrepresented during a hearing don't know what they are up against.

Be aware that you can get excellent counsel and pay no legal fees unless you win.  And there is never an upfront cost for a representative to help you.


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