How Disability Hearings Work in Georgia: Process & Legal Tips

If your claim for disability benefits has been denied, the disability hearing process Georgia can be critical in determining whether you receive benefits. Administrative law judges at disability hearings award benefits in more than half of the appeals they hear, which is a higher award rate than at other levels of the appeals process.

Another notable thing about a Social Security disability hearing GA is that it’s the first time in the application process where claimants have the chance to speak and be heard in support of their claim. You want to make the most of it, so here is an explanation of the disability hearing process in Georgia to give you a better understanding of what you should expect to encounter.

The Social Security Appeals Process

The Social Security initial disability review process denies benefits to about 62% of the individuals who submit applications. When you cannot work because of a disabling medical condition and count on disability benefits for relief from financial pressures, a denial of a claim can be devastating.

The appeals process offers four opportunities to challenge an unfavorable decision through the following appeal levels:

• Reconsideration: Think of it as a second set of eyes evaluating your application. A claims examiner who did not participate in the original review is assigned to reconsider the original outcome. Reconsideration has an allowance rate of 16%.
• Disability hearing: An administrative law judge presides over a hearing to consider evidence, including witness testimony, before deciding whether to award benefits. The allowance rate is 62%.
• Appeals Council: Decisions from the disability level can be challenged by requesting review by an Appeals Council. The allowance rate is only 1%, but the remand rate is 16%.
• Federal Court: A civil action filed in a federal district court by your disability attorney. Federal judges have an allowance rate of only 1%, but their remand rate is 63%.

The appeals process starts with reconsideration and continues until the federal court action. If you receive a decision with you agree with at any level, the process ends. A look at the allowance rates at the hearing level shows why representation by an experienced disability hearing attorney from the Keener Law Firm is so important.

Requesting Disability Hearing

If you do not obtain a favorable decision through the reconsideration level of the appeal process, you have the right request a disability hearing. You have only 60 days from the date that you receive the notice from Social Security of the reconsideration determination.

It is essential to request the hearing within the 60-day deadline to avoid losing the right to challenge the denial of benefits. If you miss the deadline, the Social Security Administration has a procedure for requesting additional time, but you must have good cause for missing the deadline. Instead of taking a chance, have the disability benefits team at the Keener Law Firm review the reconsideration determination and request the hearing for you.

When it receives a request for a disability hearing, the Social Security Administration’s Office of Hearing Operations oversees the hearing process. It has four offices where it may schedule a disability appeal hearing GA: Two offices in Atlanta, and one each in Covington and Savannah.

Once assigned to an office, the case is assigned to an administrative law judge. At some point after a judge is assigned, you will be notified of the hearing date.

Preparation For A Disability Hearing

Your disability attorney from the Keener Law Firm will review the Social Security claim file to identify weaknesses and strengths of the case. Preparation for the hearing includes gathering evidence, including updated medical records, to submit prior to the hearing date.

The attorney spends time preparing you for what happens at disability hearing, including going over the types of questions an administrative law judge may ask you. The questions typically focus on the symptoms and limitations you experience from the medical condition, as well as the side effects of the treatment and medications prescribed by your doctor.

The Disability Hearing

The attorney representing you may question witnesses called in support of your claim and cross-examine any vocational or medical experts requested by the judge. Vocational experts respond to hypothetical questions posed by the administrative law judge with answers about work available to someone with the physical or mental limitations that you experience due to your medical condition.

After a hearing concludes, the judge does not immediately announce a decision. Instead, the decision is issued in writing at a later date.

Learn More About the Georgia Disability Hearing Process

A representation by a skilled and experienced disability attorney from the Keener Law Firm gives you someone who can effectively fight for your right to disability benefits. According to data released by the federal government, individuals with representation at administrative law judge hearing Georgia and nationwide were three times more likely to be awarded benefits than individuals without representation. Contact the Keener Law Firm today for a free consultation.