Questions To Expect at Your Social Security Disability Hearing

Many individuals who attend a Social Security Disability Insurance and/or a Supplemental Security Income hearing are nervous about appearing before an Administrative Law Judge. For many people, this is the first legal proceeding that they have ever attended and it can be very intimidating. To help you prepare for your upcoming hearing, we have made a list of questions that are commonly asked at your hearing.

1.      What is you date of birth?

2.      How old are you?

3.      How far did you go in school?

4.      When was the last date that you attended school?

5.      Are you in school now?

6.      Did you ever attend a trade school or have some other type of vocational training?

7.      When did you last work?

8.      What was your last job title?

9.      What were your tasks and duties at this job?

10.  How much weight did you lift at this job?

11.   Was it a sitting or standing job?

12.  What other work have you performed in the last 15 years?

13.  What is preventing you from being able to work?

14.  What are your symptoms?

15.  What is your level of pain on a pain scale? Zero being no pain and ten being pain severe enough to force you go to the emergency room.

16.  What types of treatment have you tried?

17.  Have you had any surgeries?

18.  Have you had any hospitalizations?

19.  Are you able to concentrate while watching a television program?

20.  Are you able to read and understand a page in a book?

21.  How long can you sit?

22.  How long can you stand at one time?

23.  How long can you walk at one time in terms of minutes or city blocks?

24.  How much weight can you lift at one time in terms of pounds?

25.  Do you require an assistive device to help you walk or stand? Which device?

26.  Where do you live?

27.  Who do you live with?

28.  Who does the chores in your household?

29.  Who does the cleaning?

30.  Who does the cooking?

31.  Who does the grocery shopping?

32.  Do you have any children? Who cares for them?

33.  Have you traveled at all since you applied for disability? Where?

34.  Why can’t you perform a sit-down job?

35.  Why can’t you perform a job that allows you to sit and stand at will?

36.  Have you ever abused alcohol or drugs?

37.  How have you been supporting yourself since you stopped working?

 

While the Administrative Law Judge or your attorney may ask you additional questions based on your specific disability, the above questions are representative of many of the general types of questions that you will hear at your hearing. Be open and honest when answering these questions. Listen carefully to what the Administrative Law Judge or your attorney is asking you, so you stay on track when responding. Always answer questions succinctly.

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.

Tips For Appearing In Front of An Administrative Law Judge

Most claimants have to attend a hearing in front of an Administrative Law Judge (“ALJ”) when pursuing Social Security Disability Insurance (“SSDI”) and/or Supplemental Security Income (“SSI”) benefits. This is because the majority of claimants are denied by the Social Security Administration (“SSA”) at the lower administrative levels of the Social Security Disability system. This necessitates an appeal, which is followed by a scheduled hearing. Here are some important tips to help you prepare for your hearing in front of an Administrative Law Judge.

1.       Get to Your Hearing Early – It is important to arrive for your hearing at least 30 minutes before the scheduled time. Traffic in Southern California is unpredictable and chaotic. While it may normally only take you 30 minutes to get to your hearing site, even a slight traffic accident could back you up for hours.  Thus, prepare for the worst case traffic scenario and leave your home with plenty of time to spare. Most ALJs will only wait a minute or two past your scheduled hearing time for you to appear. If you are not present, you run the risk of the ALJ dismissing your case.

2.       Bring A Photo I.D. – SSDI/SSI benefits are administered through the Federal government. Thus, regardless of whether your hearing site is in a Federal building or not, the Office of Disability Adjudication and Review (SSA’s hearing location) is considered a Federal facility. Thus, a current photo identification card, such as a driver’s license, is required.

3.       Dress Appropriately – You are appearing in front of Federal Administrative Law Judge. Show this Judge that you are taking the process seriously by dressing appropriately. This does not mean you need to wear a suit to the hearing. Conservative, business casual attire is appropriate. Do not wear shorts, jeans, tank tops, or t-shirts. Keep any makeup and hairstyling to a minimal.

4.       Listen to the Questions the Judge Asks You – The ALJ will have specific questions he/she wants to ask you. Answer those questions succinctly. Do not go on tangents talking about erroneous information. You are given limited time to present your case. Usually, the Judge has anywhere from 5 to 10 hearings a day. Thus, you need to be brief and focus on the questions being asked of you. Straying off of topic will annoy the ALJ.

5.       Be Honest With the Judge – Answer all questions truthfully. The ALJ is charged with assessing your credibility. If you exaggerate your condition or mislead the Judge, he/she may state that you were not truthful in the hearing decision.

6.       Look at Judge When Answering Questions – You are at the hearing to tell an ALJ why you are unable to work. The Judge is the decision maker. Therefore, you should speak directly to the Judge when answering his/her questions. Speak directly to the Judge even if your attorney is asking you a question. Remember your attorney should already know why you are applying for disability. The hearing is your chance to tell your story to a Judge.  

7.       Be Polite to The Judge – Some ALJs can be aggressive. While unfortunate, you must remain professional and polite throughout the whole hearing. Should your claim be denied and you have to appeal the matter, transcripts and recordings will be available. You want the Appeals Council, the reviewing bureau that hears the appeal of ALJ denials, to see that you have conducted yourself appropriately during the hearing, even if the ALJ was out-of-line at times. It is also important to remain polite to all experts at the hearing.

These simple tips may seem basic, but preparing yourself for your hearing can make all the difference when it comes to the decision.

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.