What Happens at a Social Security Disability Hearing?

The judge in your Social Security disability hearing is not bound by the prior rulings in

your Social Security disability claim, which makes it an extremely important part of your

disability claim process. This is why it is helpful to have Social Security disability

representation with you throughout the Social Security disability process.

At your Social Security disability hearing—the administrative law judge (ALJ), a court

reporter, your Social Security disability representative and you will sit in a room.

Sometimes a vocational expert and/or a medical expert may be present, at the request of

the judge.

Unlike what you see on television programs, your Social Security hearing is not designed

to place you in a position to be attacked. The focus of your hearing is informational. The

expert witnesses are simply there to provide the judge with information. They will not

question you without permission from the judge and, in most cases, will not talk directly

to you. The judge will take testimony, accept evidence into the record and consider legal

arguments.

At the beginning of the hearing, the administrative law judge will review the issues in the

case. The judge will discuss what the standard is or what you need to do to prove that you

meet the Social Security disability criteria established by the Social Security

Administration.

During the hearing, the judge will take your testimony, under oath, by asking you a

number of questions about your physical and/or mental limitations. It is important to give

very specific, direct, and to the point answers to the questions. Simply answer the

question being asked.

By the end of the questioning, you will have had the opportunity to tell your entire story.

And if you think there was something left out, you will have the opportunity to add

information at the end of your disability hearing.

Some judges ask the questions themselves, and other judges allow the representative to

do all the questioning. The judge will ask if you are currently working. The judge will be

interested in the type of work that you performed prior to your disability, how long the

work was performed and what the duties entailed.

The judge will ask about your limitations caused by the disability and how it impacts

your daily life. The judge wants to know how often you need to see a doctor or specialist

for treatments, the types of medications you take, and the effects of the medications on

you and your daily life. The judge also will want to know how these limitations impact

you and your functioning capacity. Along with past work experience and specific medical

issues, the judge will gather background information, including your age, education,

marital status, living situation, etc.

After hearing your testimony, the judge will ask for testimony from the expert witnesses.

The judge will try to determine if the testimony you gave and the medical records

provided support your claim of an inability to work, both in your previous job as well as

any other type of job.

Your Social Security disability representative will be given an opportunity to question

you as well as the experts present. The representative will make arguments based on the

medical evidence. Other documentation, such as letters from friends and relatives, may

be included to help prove that you are disabled and unable to perform work.

The hearing typically takes about 30-60 minutes, depending on the judge. In most

situations, the judge will not render a decision at the conclusion of the hearing.

Most judges will produce a written decision, and you should receive a copy within six

weeks from your hearing date. That documentation will be used to either process your

Social Security disability benefits, if awarded, or to appeal the decision, if the judge

denies Social Security benefits. When you leave the hearing, you should verify that the

court has your correct address on record so that you will receive the decision in a timely

manner.