Legal Question in Social Security Law in Alabama

Social Security LAw Decision without a hearing

One place I was told they ( a Judge) were going to decide my case without a hearing then they say they may not and may deicde with a hearing. This is confusing. Can you get any money quicker if they decide it without a hearing? I have been denied and appeale dmine 2 years ago. Thank you. SSI and SSDI both. And can youget both SSI and SSDI?


Asked on 2/21/09, 3:49 pm

2 Answer from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Social Security LAw Decision without a hearing

It is usually preferable to request a hearing, rather than asking for a decision on your file. Presenting your testimony and possibly the testimony of others who are familiar with the restrictions that your condition(s) impose helps the Judge to understand the true extent of your impairments. Often, just a bald reading of the medical records is not sufficient information to allow a determination of disability.

It is not recommended that you represent yourself at the hearing level - whether you request a hearing or seek approval solely on the contents of your file. A qualified representative has knowledge of the regulations and sometimes unique language that Social Security looks at in determining whether or not you are disabled.

As to your question regarding whether or not you can receive both SSDI and SSI payments, it is possible to receive both but usually only when your monthly benefit from SSDI is quite low and SSI is needed. SSI is a needs-based program, which means that benefits are determined based upon your assets and income. You may e-mail our firm at [email protected] with a cc: to [email protected] with any questions you might have.

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Answered on 2/21/09, 4:49 pm


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