If you’re searching online for signs that you lost your disability hearing, chances are you may be concerned about the outcome of a recent hearing. As Social Security disability lawyers, we’ve represented thousands of clients at hearing. In this post, we put our decades of experience representing disability claimants at hearing to work! Scroll down to discover common signs that your disability claim may not be successful after hearing.
Four Signs That You Lost Your Disability Hearing
Before you read the below, keep in mind that each claimant’s situation is unique. These are our observations and opinions gathered over decades practicing disability law. But no one can reliably predict the outcome of a hearing before the judge issues a decision.
In the past, we’ve written about signs you won your disability hearing. Now, let’s address some common areas of concern during a disability hearing.
#1: You have little to no recent medical treatment. The Administrative Law Judge (ALJ) must have sufficient medical evidence to make a favorable decision. If you have very little or no recent medical evidence or treatment to support your claim of disability, you are unlikely to be successful.
#2: You haven’t been adhering to prescribed treatment. In addition to having enough recent medical treatment, it’s also important to ensure you’re complying with treatment recommendations. As an example, if your treating medical providers recommend a prescription drug that could improve your condition and you fail to take that drug regularly, the ALJ is unlikely to issue a favorable decision.
#3: You’ve returned to work. It takes a long time for disability claims to reach a hearing. While waiting, some claimants return to work to make ends meet. However, disability benefits are reserved for individuals whose impairments are so severe that they cannot work above “substantial gainful activity” (SGA) levels. If you return to work while waiting for a hearing and earn more than the SGA limit ($1,350/month in 2022), the ALJ will likely deny your claim.
#4: Your Disability Lawyer expresses concerns. Many claimants applying for benefits without a disability lawyer believe they have been wrongfully denied disability. But claimants working with lawyers are more successful because good disability lawyers set expectations with their clients and help them present the strongest claim possible. Even then, strong claims are denied by certain ALJ’s with high denial rates. That’s why if your disability lawyer expresses concern about your claim or the ALJ assigned to your hearing, it’s wise to take those concerns seriously.
Disability Lawyers in Charlotte, NC
This content was provided by Collins Price, PLLC. Our experienced disability lawyers in Charlotte, NC are compassionate, and client focused. If you are applying for or appealing a denied disability claim, contact our firm today for a free consultation. There is no obligation to hire our firm and no fee for our services unless you win your claim.