Help! I need a disability lawyer NOW!

Last Updated on May 24, 2022 by Deborah L. Hardin

Question: I have a disability hearing scheduled for next month. Can you help me?

Answer: Maybe…

First, let me be clear – There is MUCH more involved in a disability hearing, than just showing up on the hearing date. We routinely turn down cases where the client just wants an attorney to show up to the hearing, without having prepared the case. Why? It is not only your case on the line, but my reputation is also on the line. If I attach my name to a case, I want to know that the case is well researched and prepared.

Preparing for a disability hearing actually takes many months:

Here are just some of the “last minute” preparations that might occur during the few months before a hearing (This doesn’t even touch on all of the “not last minute” tasks!):

We need to review the records that Social Security already has on file for you, so we can see what medical records are missing. Then, we track down and order any missing records.

Think you don’t have any records missing? There are almost always records missing.

It can take a couple of months just to receive all medical records from health care providers. With some doctors and clinics, it takes even longer.

Once received, we need to review those records (sometimes thousands of pages), and submit them to Social Security.

Next, a pre-hearing brief may be written and submitted to the judge. This brief is a report that provides a synopsis of your medical evidence, outlines all of your impairments, and gives the legal reasons why the judge should award benefits in your particular case. (The first draft of this brief is usually started about a year before the hearing.)

And… keep in mind, we need to submit all medical evidence to the Social Security judge at least five business days before your hearing date.

There is so much more to preparing for a hearing than just gathering and submitting medical records:

We want to prepare YOU for the hearing by understanding and discussing the following:

• Your limitations, and the activities you can or cannot do;
• The various symptoms and signs of your conditions;
• Your medications, which doctor prescribed them, why they were prescribed, and any side effects that you have;
• What doctors and specialists you see, and what treatments they provide to you;
• Your work history, education, skills, and training.

We want to help you feel comfortable answering the many potential questions that may come up during your hearing.

So, to answer your question – we MIGHT be able to represent you at the last minute, but you (and your case) may not be as well-prepared as we would prefer. Please call or email us, so we can discuss your particular situation.

I would strongly encourage you NOT to wait until the last minute. You and your case will be better prepared if we have time to properly plan for your disability hearing.

What if I waited too long?

If you attend your hearing without a lawyer, the ALJ judge will advise you of your right to representation, and ask you to sign a “waiver of representation.” You can let the judge know that you have changed your mind and want a lawyer. Social Security judges understand how important an attorney is to your case, so they will often reschedule your hearing so you have time to find one.

Thank you for your question, and best wishes with your upcoming hearing!

Deborah L. Hardin, Managing Attorney

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