WHAT MUST BE DONE BEFORE YOUR HEARING TAKES PLACE
Social Security denied your disability benefits. You filed the appropriate appeal and requested a hearing before an administrative law judge (ALJ). It will take about 16 months for your hearing to be scheduled. Here are things that must happen during that 16 month waiting time. (Waiting times may be more or less, depending on where you live).
1. You should continue to get regular medical treatment. See your doctor(s) regularly and keep them informed of your symptoms. Take your medications and follow other prescribed treatment.
2. As mentioned, up to 18 months will pass between the time you file your appeal and your hearing is actually held. During these months, Social Security will not order any of your medical records. That is up to you (or your representative). If you appear for your hearing without these current records, the judge will tell you that your file is not complete and that you are not ready for trial. He/she will probably reschedule your hearing for a few months down the road, which equals more waiting. Avoid this by obtaining and submitting all of your medical records, right up to the hearing date. (You are required to submit records at least 5 days prior to the hearing date).
3. Consider getting a representative. Obviously, it will work to your advantage if you do it early enough to give the representative adequate time to prepare for the hearing. A good representative or attorney would like to have at least 6 months to prepare for the hearing. So, don't wait until the last minute. Most judges will ask why you are not represented. They will often encourage you to postpone your hearing and obtain representation, though you are not required to do so. If you choose not to be represented, the judge will probably ask you to sign a form stating that you were offered the opportunity to seek representation but declined. This should tell you something about how important representation is to the Social Security legal process.
Thought: You have a right not to be represented. However, this may not be a wise decision and could cost you a lot of money.