WHAT YOUR LAWYER DOES AT HEARINGS
Your hearing will be over in an hour or an hour and a half or so. Seldom do hearings take more than two hours. If you're well prepared because you read this website and had a meeting with your lawyer before your hearing, your lawyer may not have to ask many questions at the hearing. In hearings with those judges who like to ask most of the questions, it's only where issues are not developed or your lawyer thinks that your testimony wasn't clear enough that he needs to ask some questions of you at your hearing. In fact, it's better that way. The more that comes from you in answer to the judge's questions, the better it is for your case. Your case will go in naturally. Your testimony will flow freely. The judge will get to know you and your situation as you talk with him. And the judge won't think that it's your lawyer testifying rather than you. Your lawyer will, however, ask questions of any witnesses you bring along to the hearing.
The most important part of what your lawyer does usually takes place outside of the hearing. That is, your lawyer gathers medical evidence, gets reports from doctors, does legal research, prepares witnesses to testify and may make a closing argument either in writing or at the hearing. The best developed cases, though, don’t need a closing argument. If a case is so well developed with medical evidence and with the claimant's testimony, by the time it comes to argue the case, it is like stating the obvious - so why bother? But this doesn't mean that there hasn't been a lot of work that has gone into making a case so clear.
There is one thing that we lawyers cannot do, however. We're powerless to speed up the system. There may be a delay in getting the written decision. The written decision will be mailed to you with a copy to your lawyer. Sometimes, written decisions come out fairly quickly. Fairly quickly for a hearing decision is about a month. It is not uncommon for it to take three months or even much longer for a hearing decision to be mailed to you.
There is seldom any way to speed up getting a decision out. So, as hard as it is, you must grit your teeth and wait. If more than three months pass, it's a good idea to make sure that your file hasn't been lost; and your lawyer can do that. But your lawyer can't do much more to speed things up.
Attorney's Fees
If your case involves SSDI or SSI Social Security disability benefits, there is no problem with attorney’s fees. If your fee agreement with your lawyer calls for the attorney’s fees to be $5,300 or 25 percent of back benefits, whichever is less, the Social Security Administration will withhold the attorney’s fees from your back benefits and, assuming neither your nor the judge objects to the fee, SOCIAL SECURITY ADMINISTRATION will send that money to your lawyer. Although it’s your money, you’re not involved in paying it. But you will have to pay expenses directly to your lawyer to reimburse your lawyer for expenses.
If You Lose
Sometimes good cases, well-presented cases, are lost. It’s hard to figure out why, but it happens. There are usually some possibilities for appeal. If you lose, be sure to consult right away with your lawyer about appealing your case. Do this as soon as possible. It is absolutely essential that you appeal to the Appeals Council within 60 days of the judge's decision or you will lose your right to appeal.
Click here to goto the next page - or use the navigation at the left.