If you are looking for advice on how to win your disability case in front of a judge, you have probably been denied once or twice already. The good news is, you appealed and made it through the long waiting list to get a hearing scheduled. Consider that a victory in itself. Now for the hard part: convincing the judge that you can't work.

First you have a decision to make. Do I go it alone or hire a lawyer? It may seem daunting to go to the hearing unrepresented, and for good reason. You have waited for so long to this point, and the statistics show that in most states, your best chance of being approved is at the hearing level. If you are denied, you have to appeal again, possibly being denied at the Appeals Council level, then start the process all over again. This is the time to be prepared.

The main reason for hesitation about hiring a disability lawyer is that applicants are already tight financially, so why should they give any of "their" money to an attorney? This is obviously something to consider, but most people are surprised to hear how small the attorneys' fee is. Injury lawyers can charge up to 40% of your winnings. Disability attorneys are only entitled to receive up to 25% of the back benefits (currently capped at $5300). They do not get any of your ongoing benefits. That means, if you win your case and are awarded $10,000, your attorney only gets $2500, and you still get monthly payments. And he or she does almost all of the work. Is it worth it to hire a lawyer if your chances of winning jump considerably? This is up to you.

If you are determined to go to the hearing unrepresented, you may have some work to do. First, you have to understand what the judge will be looking for. You must present documented proof of your condition back to the date you say you first were disabled. This means you need all your medical records from doctors you have seen or hospitals you have attended, probably several years back. These medical records should contain some opinion by the doctor about your ability to work. If they don't, you should talk to your doctor about writing a letter or completing a Functional Capacity form, if he or she hasn't already. These forms should be available from Social Security.

If you can't afford a doctor visit and haven't been seen in awhile, it is very important that you go to a no-cost clinic or the health department, or even the Emergency Room if necessary, to get some opinion or record of your condition. If you have an attorney, he or she may have medical contacts that can help.

Once you have the records you need, make sure the Hearing Office and Social Security Administration have them as well, and in plenty of time for the hearing. Be at least 20-30 minutes early to your hearing. And finally, do NOT feel like you need to put on a show for the judge. Judges are pretty experienced at determining whether an applicant is genuine or faking it. He or she may ask for more information before a decision is made, or a decision may be announced at the hearing, or the Judge may give you no idea of the decision until you receive it in the mail. Once you do receive the decision, which will probably take a few months, remember that you do have the option to appeal. You should appeal and/or start a new claim as soon as possible. If your claim is approved, remember that it takes awhile to get your check.

Good luck and best wishes for a fully favorable decision.

Becca has been involved in the Social Security world since 1995 and enjoys watching the program change peoples' lives.

Source: www.articlecity.com