When Health Problems Impact Your Appeal Hearing

Health ProblemsHealth problems that even so slightly impair our ability to communicate or think clearly are burdensome to an appeal.  On one hand, you want to bring a strong case.  On the other, you are having difficulties describing the facts because you are overwhelmed by your health.

In my practice, I hang my hat on what people say and feel.  Also, I like to build people up so they can take on the legal process for themselves.  In other words, sometimes people need more direction than advocacy.

When health problems impact our ability to communicate with a Judge or an administrator, and the administrative law judge relied on our tainted feedback, I believe the law supports a redo or appeal.

Health Problems and the Hearing

As you would guess, one of the strongest ways to describe a health problem after the fact is using a doctor’s note or letter.  After all, they are helping you with your ailment or condition.

Because connecting the dots can be somewhat tricky when there is a lapse in time between care from a doctor and an appeal hearing, showing a history of health issues can be the next best thing.

The situation that is most difficult is when a person failed to seek help and they do not have a documented history of seeking care.

Types of Health Problems that Impact an Appeal

The sky is the limit on the types of issues people experience.  While some are overwhelmed with anxiety, others can be impacted by a toothache or medication.   Again, the key is a health issue that puts us under duress or reduces or abilities to make sound decisions.

When our health concerns are documented and clarified by a doctor, this can be a very important step towards a second chance with an appeal.

Laws Supporting Health Issues

The first rule that stands out is due process.  Due process is as simple as getting a fair opportunity to share your story.  When the opportunity is minimized by one’s health, then there is a breach in due process.

Sometimes, people use fancy words like being prejudiced or making reference to the US Constitution.  But, let’s skip the formalities and stay focused on the appeal for benefits: when an appeal goes bad because of health problems, people have rights.

Thus, do not be ashamed, embarrassed, or something in-between.  Instead, get help.

Comments