Although suffering from a seizure disorder creates temporary confusion, there is no confusion when it comes to the seriousness of the medical condition and how it negatively impacts your job performance.
However, if the Social Security Administration (SSA) denied your application for financial assistance. Have you exercised all your options?
The answer is no because you should request an Administrative Law Judge (ALJ) hearing to appeal your denied benefits application.
Overview of an ALJ Hearing
Although it appeared you submitted enough evidence to back up your claim for Social Security Disability Insurance (SSDI) benefits, the SSA did not see things your way. You should know the SSA denies nearly two-thirds of all SSDI applications. However, the approval rate for appeals filed at an ALJ hearing exceeds 50 percent.
The primary reason for better outcomes the second time around is claimants get to call expert witnesses to the stand to confirm the existence of the symptoms that define a seizure disorder. The symptoms must list in the SSA Blue Book, which is the comprehensive resource the SSA uses to determine eligibility for SSDI benefits.
When you submitted an SSDI claim, you attached several documents demonstrating the existence of seizure disorder symptoms. During a live hearing, your Social Security disability lawyer asks questions that go into much more detail about how the symptoms have limited your professional skills.
You should expect the judge to ask you questions as well to clarify your original application and allow you to make additional comments concerning your case. The judge presiding over your case is not trying to debunk your claims. He or she simply wants enough convincing evidence to approve your SSDI benefits claim.
Do not expect to receive a decision on the same day as the ALJ hearing. Judges have up to 30 days to issue decisions.
How to Win an Appeal
The first step taken to win an appeal at an ALJ hearing involves consulting with a state-licensed Social Security disability attorney. Your lawyer will conduct a thorough review of your case to determine whether any gaps in your medical history or the information presented in your application have hurt your case.
Gaps in your medical history can raise doubts about the validity of your claim that a seizure disorder has made it impossible to hold down a job. Prepare notes that explain how the medical condition has impacted your daily life.
Submitting a legal brief at least 10 days before the ALJ hearing provides the judge with plenty of information to ask relevant questions. Make sure to arrive at least 30 minutes early before the hearing to work out any last-minute strategies with your lawyer.
A Disability Attorney is Your Ace in the Hole
The difference between submitting an SSDI benefits application and arguing your case in front of an ALJ is huge. A disability lawyer can help you submit the right documents as evidence for the original SSDI application. However, hiring an attorney to represent you at an ALJ hearing is essential for you to become one of the claimants that reverse a denied application.
Your lawyer also will monitor the progress of the decision-making process to ensure the judge follows the 30-day guidelines for issuing decisions.
Most Social Security disability attorneys work on a contingency fee basis. Your lawyer gets paid if the judge approves your SSDI benefits application.
