If the SSA has denied both your initial disability claim and your request for reconsideration, you’re probably feeling discouraged. After all the time you spent working on your application and waiting to hear back, not to mention the unforeseeable and life-altering long-term coronavirus symptoms you’ve been experiencing, a denied disability claim can be a major blow.
The next step in the process of seeking Social Security Disability Insurance (SSDI) is a hearing. Over half of claimants with attorneys or advocates are successful in their hearings. With proper preparation and an experienced disability lawyer, you have a good chance of approval for benefits.
This article will explain everything you need to do to be properly prepared for your disability hearing.
After receiving that initial denial, you may be concerned. COVID-19 is a new condition, and disability law is difficult to navigate. Rest assured, if you are a COVID long-hauler or have experienced debilitating symptoms resulting from complications of COVID-19, there is a good chance you qualify for disability accommodations or insurance.
The ADA defines a disability as any “physical or mental impairment that substantially limits one or more major life activities.” Long-term coronavirus symptoms you may experience include fatigue, cough, shortness of breath, ongoing neurological symptoms. They also include newly acquired or exacerbated mental health conditions like depression, anxiety, and PTSD.
If any of these symptoms limit your daily activities and impede your ability to work, they qualify as a disability.
Some states, including New York, have specifically stated that disability law covers COVID cases.
If you contracted coronavirus at work, you may be wondering if you can file for workers’ compensation. The laws around this topic are less definitive at this stage. However, New York, New Jersey, and Connecticut have either already passed or are working to pass laws protecting certain classes of workers. Get in touch with our Springfield disability attorney to learn more about the specifics of your case.
Begin preparing for your disability hearing as soon as possible. If you have already received a date for your hearing, you should start now.
The most important documentation to get together for your hearing is up-to-date medical records. Ask any doctors who are treating you for your coronavirus-related symptoms to supply these as soon as possible.
Current medical records may be the most helpful materials in your hearing. They provide new evidence of ongoing, and potentially worsening, disability.
Ask for written statements from anyone who is aware of how your COVID symptoms have impacted you and your ability to work. This could include family or former employers.
Your doctor should provide a written statement along with your current medical records. Your doctor’s statement should be more technical and describe your functional limitations. These are activities you are physically or mentally unable to do.
You will also need to send in information about your work history and some financial documents. You should consult with your attorney to make sure you are providing all the necessary paperwork.
Currently, all Social Security Administration Hearing Offices are conducting hearings exclusively via telephone as a coronavirus safety measure. This means you will be able to attend your hearing safely from a space you are comfortable.
Hearings are overseen by an Administrative Law Judge (ALJ) and are closed to the public. The only other attendees will be you (the claimant), your attorney, a court reporter, and possibly an expert witness or two (more on them later).
Thankfully, these hearings are more like discussions than the adversarial trials that come to mind when you picture the courthouse. You are not on trial, and no opposing attorney is attempting to disprove your claim. The ALJ is trying to gain a fuller understanding of the situation and to hear your words from you.
The hearing will last approximately 30-60 minutes and will consist primarily of the ALJ asking you questions. Your lawyer may also make statements on your behalf and ask you additional que