SURPRISES AT YOUR DISABIITY HEARING

Many claimants who attend a disability hearing unrepresented face a shocking surprise.  The administrative law judge tells them that there is no recent medical evidence in their file and their claim is being denied or dismissed.

Why would this happen?

It happens because many claimants don't know that they are responsible for getting medical evidence and submitting it to the hearing office prior to the hearing.  If you have an attorney or representative, they will obtain medical records for you.  But if you are not represented, it is your responsibility.

If you have seen 9 different medical providers, there are at least 9 sets of medical records that should be obtained and sent to the hearing office before the hearing.  Getting these records can be time consuming and also expensive.

At least 90 days before your hearing, you should check with the Office of Hearings Operation that is handling your case to see what medical records they have and which ones are missing.

The last thing you want is to walk into the hearing and hear, "I'm sorry Mr. ______, but there are no recent medical records in your files and, therefore, I have nothing to base a decision on."

Claimants have a right (and a responsibility) to review their file well in advance of their hearing date to see what evidence is there.  If evidence is missing, it can easily take 90 days to obtain the medical records.

Without complete medical records, the judge will usually not conduct a hearing.  At best, your hearing could be postponed, costing you several more months of delay with no benefits.

If you do not have an attorney or representative working your case, it is your responsibility to develop the case and prepare it for hearing.  This is a lot of work.  If you don't wish to invest the time or work, please consider hiring a representative to do this for you.  Favorable decisions don't just happen; you have to work for them!