The Social Security Benefits Hearing: A Client's Legal Guide
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(deny) your appeal of the hearing decision. This is the final stage of the Social Security Administration’s current administrative appeal process. The next appeal is to federal court.
(5) Federal District Court. This is a civil litigation process following a denial to review your claim by the Appeals Council. A non-attorney representative cannot represent you in federal court. When you hire an attorney for this step, your attorney files a complaint and generally writes a brief arguing why you should not have been denied Social Security benefits. Some people file their own complaints without an attorney. Federal court appeals follow strict deadlines. Federal court procedures apply. New contracts for representation by an attorney at the federal court level are usually required.
How will my attorney prepare for my Social Security hearing?
Your attorney will review your medical records and confirm information in these records with you. Your attorney will keep notes about your medical records, and argue your case with the following procedural structure in mind:
What date did you claim you were first disabled (“alleged onset date”)? Why?
What kind of claim is it? A Disability Insurance Benefits claim, a Supplemental Security Income Claim, or both (a “concurrent claim”)?
Is there a deadline to prove disability for Disability Insurance Benefits (a “Date Last Insured”)?
Is age 50 or older relevant? If so, your attorney will review whether the “grids” may apply.
How do I get paid?
If you are approved for benefits, you will receive an “Award Letter” that explains your back pay and ongoing monthly benefits. Your monthly benefits usually begin after you have received your Award Letter. If you are entitled to back pay, you generally get it after your monthly benefits have started.
We encourage our clients to arrange direct deposit of their Social Security benefits. Note that under certain circumstances, Social Security requires our clients to receive their benefits through a third party, called a “representative payee.”
Important note: Time frames for getting your benefit payments vary. As a general rule of thumb, ask your local Social Security office to contact Social Security’s Payment Center if you have no:
(1) Award Letter over 4 months after your Favorable Decision, or
(2) Expected back-pay and monthly payments over 4 months after your Award Letter.
How does my attorney get paid?
Generally, attorneys are paid through a contingency fee contract. This means that we are paid only if you are approved. Social Security will hold back 25% of your back pay (up to a statutory maximum) and pay us our legal fees directly.
Fees are strictly regulated by the Social Security Administration. If you are not approved, you cannot be charged any fees. Also, we generally do not charge any “out-of pocket” costs, such as payment for medical records. Other law firms and representatives (who are not trained attorneys) sometimes do. If you have questions about the legal training of all our attorneys, visit us online at www.hoglundlaw.com.
A final note about your Social Security hearing…
Know that at your hearing, you are helping the judge understand your medical problems. Most people know how they feel day-to-day. Your attorney can describe the kinds of questions the judge may ask. The judge can read your medical records, but you are there in person to give your side of the story and make your situation “real” for the judge.
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About Hoglund Law Offices
Hoglund Law Offices is a multi-state law practice. Our Hoglund Attorneys have represented thousands of Social Security benefits clients. Please feel free to visit HoglundLaw.com for further information. Our offices can be reached at 1-800-850-7867.
© Copyright 2010, Andrew W. Kinney, Esq., Hoglund, Chwialkowski & Mrozik, PLLC.
Reprint by written permission only.