Your Disability Hearing Is Scheduled—Now What? (Part 2)

Your disability hearing is one of the most important parts of the disability benefits application process, because your testimony during the hearing can have a major effect on the outcome of your case.

Being well-prepared for your hearing starts here. This article is a must-read for anyone who is applying for Social Security Disability benefits or anyone who has been scheduled for an appeal hearing.

In last month’s newsletter, we reported on what you should do after your SSDI or SSI appeal hearing has been scheduled. This month, in Part 2, we will dig deeper and look at the procedures surrounding a disability appeal hearing.

What to Expect at Your Disability Hearing

Lawrence Mabes, a disability attorney at Nash Disability Law, explains:

At the hearing—whether in-person, by phone, or by video—your case will be heard by a United States administrative law judge (ALJ) who will decide your claim.

Typically, a hearing will last about an hour, depending on the judge, the complexity of the case, and other factors.

For an in-person hearing, the courtroom will not be like a big courtroom you see on TV crime shows. It will be more like a medium-sized conference room.

You will be seated at a table. You will give your testimony here. You don’t have to go up to a witness box. For all hearing types—in-person, phone, or video—your disability attorney from Nash will be there to represent you.

If your hearing is in person, a security guard will conduct a screening like they do at an airport. Bring your driver’s license or other official ID and leave guns, knives, mace, and any other dangerous materials at home.

The ALJ will have a court reporter taking notes and a vocational expert who typically will testify by phone from somewhere else in the country.

Social Security does not have a government attorney argue against your claim—like in courtroom scenes you may picture with two sides opposing each other—but the judge needs to look at the case from both angles, you have a qualifying disability or you don’t.

The judge will have reviewed your medical records and any medical opinions prior to the hearing.

You will testify first, and both the judge and your attorney will walk you through your testimony with questions.

The ALJ will want to get an overview of the kind of work you have done in the past and details of your work. The judge will be most interested in the jobs you have held for the longest time. It is our duty on your team to prove that you cannot do your old work due to your impairments.

The judge will ask you questions, and your Nash disability attorney will ask you questions. Likely these questions will include:

• When did you last work?
• Why did you stop working?
• Have you looked for work?
• How do you spend a typical day?

The judge will want to know why you can’t return to your past work and why you can’t perform other work.

This will lead to questions about your impairments. In advocating for you, your attorney will ask you a series of questions to paint a picture for the judge about the symptoms of your impairments and then connect the dots to show how these symptoms affect your ability to function in everyday life.

The discussion of your medical conditions will include your symptoms, treatment, and work limitations.

You will be asked about each one of your medical problems individually with questions about how long you have had the problem, what doctors you have seen for the problem, and how the problem affects your day-to-day functioning, as well as your ability to perform work-related activities such as walking, standing, sitting, lifting and carrying, and using your arms and hands.

If one of the conditions that affects your ability to work is a mental impairment, you will be asked to explain how the mental impairment affects your ability to concentrate, socialize, and perform other mental functions.

Once you’re done talking, in certain cases a medical expert will testify by phone, but this is less common. The medical expert has never examined you; they have only reviewed your medical records. The judge and your attorney will ask the medical expert questions. The medical expert will offer opinions about work limitations and the severity of your medical conditions.

Finally, a vocational expert (VE) will testify—usually by phone. A vocational expert is a paid expert witness hired by the Social Security Administration. The VE is not testifying against you, they are simply answering questions and providing an impartial opinion about what types of limitations employers may tolerate in the workplace.

The judge will ask the vocational expert if a person could typically work with the limitations you describe. The vocational expert will offer their opinion on whether there are any jobs that exist that someone could do given your limitations.

Your attorney will ask the vocational expert questions on your behalf to be sure that limitations that the judge may have left out are included.

At the end of the hearing the judge generally doesn’t announce a decision. The judge will mail their decision to you in 60 to 90 days.

Increase Your Chances of Winning Social Security Disability Benefits

You are nearly 3 times more likely to be awarded disability benefits if you have a representative, such as a Social Security Disability lawyer, who will fight for your rights than if you have no representation at all, according to a Government Accountability Office study.

If you have a disabling medical condition that has made it impossible for you to hold a job, contact us at Nash Disability Law for a free evaluation of your situation.

We can help you navigate through the complex disability claims process—including helping you prepare for your hearing ahead of time so you can be more comfortable going in—and guide you on the best path forward.