The idea of a Social Security disability hearing can be a daunting notion to those who have never stood before a judge before. The environment is so foreign to most people’s experiences that the entire ordeal can be overwhelming. When you’re suffering from a disability that prevents you from doing the work that’s your primary source of income, the sheer stress can make it difficult to represent yourself properly in a court and argue your case. Fortunately, there are ways to cope, and one of the best is knowing what to expect beforehand to make it easier to plan.
Being prepared for your Social Security disability hearing not only helps you cope with the intimidation of the process, but it can make it easier to plan your case and predict what kind of questions you’ll be asked. Learning the process can put your efforts into perspective and even allow you to rehearse for the hearing if you like, considering that the hearings normally don’t last more than an hour anyway. Here’s everything you need to know about what happens at a Social Security disability hearing.
While this may be surprising, most hearings for disability cases are fairly informal. The judge may dress in their black robe and sit on an elevated platform, but the decorum and tradition of a typical courtroom aren’t as severely emphasized. In fact, your hearing may not take place in a courtroom at all. Depending on how far away you live from the hearing office, the site of the hearing could be something like a conference room at a hotel. Hearings can even be conducted through a video conference. Of course, all claimants have the legal right to an in-person hearing if they want.
The informal nature of these hearings also creates several other factors you should be aware of. For example, these hearings can be relatively short. Typically, they last anywhere between 15 minutes and an hour, but rarely go longer than that. Additionally, you’re not expected to dress up like you would for a standard court appearance. In fact, it’s recommended that you wear the clothes you would normally wear, provided the clothes aren’t particularly revealing and don’t include any hats. Judges won’t be impressed with any claimant dressing up for the situation, so there’s no need to bother.
To begin a hearing, the judge will introduce everyone in the room into the record. That includes the judge, you, an assistant who keeps a record of the hearing, and potentially your representative, along with any witnesses. After introductions are out of the way, the judge will proceed to question you about your claim. These questions will relate directly to your disability and how this disability prevents you from doing your job correctly.
It’s important to remember that the judge isn’t your enemy. You’re not arguing against a prosecutor, and the judge isn’t out to prove that you aren’t disabled. These questions are designed to show the judge the extent of your disability and how it limits your normal functionality. Their goal is to acquire all the necessary facts to make the correct decision in your case.
When answering these questions, it’s important to be honest and direct. There’s no room for exaggerations or modesty. Honestly state the extent that your disability affects your ability to work. It’s often helpful to use specific examples. Imagine you work in a warehouse, for example, where you’re regularly expected to lift 30-pound boxes. Your disability has prevented you from being able to handle that kind of weight. Specifically stating your previous ability to lift 30 pounds regularly and your inability to do it after your disability paints a clear picture of the limitations you’re facing.
After the initial questioning is over, the judge will ask your representative if they have any additional questions to ask you. This will be something that you and your attorney have already discussed beforehand. They may ask you some additional questions to help solidify the impact of your disability on your job. Your attorney may also use this moment to submit additional evidence if necessary, solidifying your medical records and functional limitations.
If you have any witnesses or experts for your case, this is where your attorney will be able to ask them questions. An attorney taking care of this part for you makes it easy to keep witness testimony organized. You can have several different kinds of witnesses come in, though usually there’s no more than one or two. For example, you may want to bring in a doctor or family member who can vouch for your limitations. Given the schedule of most doctors, however, a medical source statement will suffice in most cases.
The hearing will almost always feature expert witnesses, including medical experts and vocational experts. Both the judge and your attorney are free to ask them questions. These witnesses are there to determine whether your disability is preventing you from work. These two witness testimonies can work together to create an accurate picture of just how debilitating your disability really is. The medical expert can confirm your disability’s effects based on submitted medical records, while the vocational expert can testify to exactly how much is expected of a worker in any given job.
The judge will often spend more time with the vocational expert. Remember, the judge isn’t there to doubt that you’re disabled. Their job is to determine the extent to which your disability affects your work. Their questions are often framed as hypothetical scenarios in which the vocational expert details what kind of physical requirements there are for the given job. The vocational expert can also provide valuable insight about your ability to find sustainable employment based on the skills and experience you have.
After the judge has heard all the testimony and seen all the evidence, they will usually give you the chance to add anything to the case if you want. Alternatively, you can always request more time to speak if you like. Keep in mind, however, that most of these hearings last anywhere from 15 minutes to an hour in length. Adding any new information or supporting evidence can be very helpful, but simply dragging on the hearing with statements you’ve already made won’t help anything.
After you’ve said your final piece, the judge will end the hearing. In most cases, they’ll let you know that their decision will be coming to you by mail in about three to four weeks. In some cases, however, you might get lucky and receive a bench decision. Bench decisions are rulings that the administrative law judge makes at the end of the hearing, so you’ll know whether your claim was accepted or denied before you leave. This is uncommon, however, and even when it does happen, the ruling still isn’t official until you receive the written notice in the mail three to four weeks later.
Speeding Up the Process
If you want your hearing to go by as quickly as possible, there are a few strategies you can try to speed up the process. Hearings are scheduled more than two months in advance, so you should make sure you’re well-prepared for the hearing itself, knowing clear answers to the kinds of questions they’ll be asking. Specifically, you’ll need to be able to describe your disability, your job and how your disability prevents you from doing your job correctly with actual examples.
If you do decide to appoint a lawyer or representative for your case, do it far in advance. They’ll need time to review all your evidence and supplementary materials as well as go over with you the best way to make your case to the judge. Appointing a representative at the date of your hearing can lead to postponing the date because the representative won’t be able to get all the necessary materials in time.
A major aspect of the evidence you’ll be presenting is your medical records. While this was included in your initial claim, the Social Security Administration is going to be working off of these records alone. If you want to keep your records up to date, you’ll need to request the records regarding the period of time since you made your claim. Make sure you submit these records at least five business days before your actual hearing. In some cases, this alone is enough to get a favorable decision by an administrative law judge, so you won’t even have to bother with a hearing.
Finally, make sure that you show up to your hearing. While missing a hearing may not automatically cause your case to be dismissed, it is a possibility. If unforeseen circumstances make it impossible for you to attend, you should contact the judge as soon as possible to explain why. Sometimes, the judge may order you to submit a written explanation. If the explanation is sufficient, your hearing will be rescheduled. If not, your case will be dismissed.