Monday, November 16, 2015

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.

 

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