Applying for Social Security Disability Insurance (SSDI) can be overwhelming. Then, your worries get compounded if your initial application and reconsideration are denied. Most people are surprised to learn that denials are common at the first 2 stages of application for disability, even for applicants with legitimate medical conditions. If your claim is denied twice, then you can then request a hearing before an Administrative Law Judge (ALJ).
The ALJ hearing can be done in person, via webvideo, or over the phone. The thought of a hearing is intimidating, but understanding what happens during the hearing can help you feel more prepared and relaxed.
The hearing is not like a criminal trial with a judge, jury, the public watching, or another attorney questioning you other than your attorney. Instead, it’s an opportunity to explain things in your own words to the ALJ who will make the disability decision. The ALJ asks questions of you and your attorney may ask questions of you. If you are representing yourself, you can make a statement of things you want the ALJ to know. It humanizes you to speak to the ALJ versus Social Security making a decision only through a medical record review which is what occurs at the 1st 2 stages of Social Security.
The ALJ hearing also allows you to present your case in more detail. It helps correct the ALJ’s misunderstandings or answer the ALJ additional questions. You can also provide additional medical or vocational information that may not have been clear.
The hearing gives you a chance to explain directly how your medical condition affects your ability to work. An ALJ does not represent the Social Security Administration (SSA) or side automatically with the government. The judge is a neutral party that will review all the evidence before making a decision.
Unlike your initial application, which is a paper review, the hearing allows for live testimony. You may talk about your daily struggles, medical treatments, and work history in your own words.
The judge may also ask questions of a vocational professional who can give opinions about whether you may be able to work in some capacity, given your limitations. A vocation expert helps explain what work you used to do and what other work you may still be able to perform with your medical and/or mental limitations. A vocational expert testifies based on their knowledge of:
Hearings are held in a small conference-style room rather than a large courtroom, via a web hearing, or even via a telephone call. Sometimes they are done through video conference. Attendees may include:
The atmosphere is less formal than people expect, but it is still an official legal proceeding with testimony that is taken under oath. Speaking honestly and staying respectful goes a long way in making a positive impression.
The ALJ may want to understand both your medical and mental conditions and their impact on your daily life. The questions may cover:
It is normal to feel nervous, but remember that the judge is trying to build a complete picture of your situation. Being open and specific, even about difficult subjects, can be helpful.
Paper records play a significant role in disability decisions, but the ALJ hearing is where that evidence may be explained more fully. Medical evidence includes, but is not limited to, doctor reports, test results, treatment notes, and opinions about your functional abilities.
Vocational evidence is also essential. A vocational expert may testify about whether someone with your limitations could perform your past work or other jobs. The judge might ask them hypothetical questions, like whether a person who could only stand for two hours a day or lift no more than ten pounds could keep a job. The vocational expert answers may help the judge decide whether you may qualify for benefits.
Preparation may make a big difference in how comfortable you feel during the hearing. Here are some steps that may help:
Many applicants fear being cross-examined or accused of dishonesty. While the judge may ask tough questions, the tone is usually professional and focused on facts. You will not be treated like a criminal defendant. The hearing is designed to clarify information and provide you with an opportunity to be heard.
Another common worry is whether having an attorney is needed. Many people choose representation at this stage because it increases the chance of a successful outcome. An attorney may frame your medical records and testimony in a way that highlights why you may qualify under Social Security’s regulations.
At the end of the hearing, the judge usually does not announce a decision right away. Instead, they will review all the testimony and documents again before writing a decision. This may take weeks or sometimes a few months.
If the decision is favorable, then you may begin receiving disability benefits in about 60-90 days, which may include back pay from the date you were first found unable to work after a 5 month waiting period.
If the decision is not favorable, then there may be additional levels of appeal to consider with your attorney.
While no outcome is guaranteed, being prepared may increase the chance of a favorable decision. Judges hear many cases, and clear testimony backed by medical evidence may help your case stand out. Understanding the process, knowing the types of questions to expect, and having organized records may all make the hearing less stressful.
Facing an SSDI hearing may feel intimidating, but it is also a valuable opportunity to explain your situation directly to a decision-maker. With preparation, updated medical evidence, and honest testimony, you may be in a stronger position to receive a fair review of your claim.
If you are preparing for a hearing and want guidance, Arthur Law Firm may be able to help. Contact us immediately at (419) 782-9881 for a free consultation.