My First Hearing Bench Decision
As an in-house attorney for Freedom Disability, I work on disability cases that have reached the hearing level of the appeals process. I help my claimants prepare for their day before an Administrative Law Judge (ALJ) who determines approval, or not. Getting to the hearing level takes time, and I do get to know my claimants and what they’re going through.
Typically, when a claimant goes before an Administrative Law Judge for a Social Security disability hearing, the claimant does not get a decision on his or her case that day. In fact, it could take months afterwards before we hear whether or not they won.
However, every so often, a judge will issue a bench decision, which means that the claimant will know right then and there that his or her case is approved. The only question at that point is how much the claimant will receive in benefits.
The first time I received a bench decision was at the Detroit hearing office for James. He suffered from a degenerative joint condition after years working in the steel stamping factories in Michigan. James also suffered from clinical depression because of it. Between the denial of his original application and the date of his hearing, he lost his wife to breast cancer. This caused his depression to spiral out of control.
The judge, after hearing James’ testimony, made a quick decision. He found James fully disabled and sent the file back to the local Social Security office for handling of his award. Once I explained to James what that meant, he broke down emotionally, not out of sadness, but out of joy and relief, because he knew right away that he was going to get the financial help he needed to do right by his family.
I could feel his relief too, just by seeing the look in his eyes when we walked out of the hearing room together. That was a good day for both of us. It made my flight home from Detroit go by a lot faster.
Learn More About Your Disability Benefits:
How to Win a Social Security Disability Case –That’s the Challenge
Our Disability Advocates Get It Done
If the Judge Denies Your Disability Case, You Have a Third Chance to Appeal
I Chose to be a Social Security Disability Advocate Instead of an Attorney
What Will Happen at My Social Security Disability Hearing?
Can I Apply for and Win Social Security Disability Benefits While Collecting Unemployment?
Conflict Creates Distraction at a Backlogged Oregon Disability Hearing Office
I just got a bench decision last week. My attorney said it was the first time he'd had a positive outcome within five minutes of sitting down for the hearing, and I didn't even have to testify. I think my ophthalmologist, neurologist, and psychiatrist wrote down the "magic words". I have worked all my life, but a vision problem has progressively gotten worse over my lifetime and I have been a wee bit depressed about it. The first denial letter acknowledged the vision loss but stated I could work a "less stressful job". Well, that's what I've been doing the past 40 years. The VE said I fell off the grid and that's when I about fell off my chair. All I can say to others who need SSD or SSI, don't try it without a good attorney. I got an attorney before I started the process because I knew I couldn't even do the paperwork in my condition.
I sure wish I knew what those magic words were. With progressive severe degenerative disc disease, fibromyalgia, depression, anxiety disorders, panic attacks, migraine headaches and having suffered through an unsuccessful neural stimulator implant and FOUR YEARS of waiting, appealing, etc. I still have not been approved for disability. I don't know what to do next.
Hello Cheryl, i was just denied SSD about three weeks ago from the lawyer i hired , i only saw this lawyer one time with in the two year wait to see a judge. The next time that i saw this lawyer was the day of the hearing with the judge, and it all went down hill from there. The lawyer i feel was not doing his very best during , before or at the hearing for me , any suggestions on what i could do now????? I feel at a big lost in the system over a two year wait .
Mr. Burgess, You can still appeal the judge's decision if you disagree with the denial decision. You have 60 days to request an appeal by the Appeals Council. It is, without a doubt, a difficult process to get through. You may find our article "Why was I Denied Disability Benefits" of interest.
Bob, I too have never ever met my Lawyer. It's been over two years for me.. I am so freaked out and find that I just am at my wits end. How can this system be so cruel . Are we just stupid. The amount of people that I meet who are on disability makes me sick. They work walk talk laugh and party. Laughing all the way to the bank. I has a disease that is deteriorating my body everyday. MS is a horror. The pain, numbness and loss of sight are ridiculous. and yet hear I wait.
Deir, I dont know if you have had your hearing yet...It is typical for your lawyer to not be too involved in your case up intil the day of the hearing... I met my lawyer for a total of 45mins. Their staff does almost everything up to the day you see the ALJ. I was not happy when I went to my supposed "half -hour before hearing chat" with my rep. They are paid by numbers game...I have to admit he helped me get a bench desicion...they live life different than those of us that stress for that day to come....what we expect is...well just that a yes....I dont think we would be friends with them...but in the end ...they at least have to be doing eveything they can for you on that awful, stressful day. See your file and get it up to date...with or without reps help...I did...
I too had the same thing happen my attorney was awol but I found out quickly that although they help it was my job to make sure that ssa received the information I wanted them to have so everytime I went in for a visit I asked my doctors for a copy of my last visit notes and results of any tests. I made sure I read them to make sure no mistakes were in there and once I accumlated a stack I sent them myself to the attorney and to ssa. It also helped me to tell the attorney any new diagnosis or upgrades in prescriptions or when the doctor stated it had worsened I could just chance that the attorney was doing everyting also the rest all was because of God. I received a bench decision yesterday.
How long after the bench decision did you get your social security back pay?
hello i have a question to anyone that can help me..me and my attorney had our hearing 3 months ago and i havent heard much since then only they send me a letter with an appoinment to go see a doctor paid by them for evaluation which i went 2 weeks after that they called my lawyer asking him to submit the paper that said the percentage that he was gonna be charging me which he did..and we havent heard anything back this was like 3 weeks ago..does anyone know what this means or how much longer until i get an answer...plz if someone can write back..
I got a referal from a co-worker, her husband used him for his benefits. I spoke to him on the phone, I hired him when I got the second denial letter. I was always in contact with my lawyer for a year until I got the letter with a date of my hearing. I got to the office at 8am. My hearing was at 9am. After swearing in, the judge asked my address. That was the only question I was asked. My lawyer was so organized, we had a bench decision within 15 minutes. I am waiting for the letter next week. I am so relieved the nightmare is over.