Receiving notice that your Social Security Disability
Insurance (SSDI) or Supplemental Security Income (SSI) hearing has been
scheduled can bring a mixture of relief and anxiety. After waiting months—or
sometimes longer—for the opportunity to present your case, you may wonder what
the judge will ask, who will attend, and how you should prepare.
A Social Security disability hearing is important, but it
is not the same as a traditional courtroom trial. Understanding the process
ahead of time can help you feel more comfortable and give you the best
opportunity to explain how your medical conditions affect your ability to work.
Why Is a Disability Hearing
Necessary?
Most
disability hearings occur after the Social Security Administration has denied
an application at the initial and reconsideration levels. The claimant then
requests a hearing before an Administrative Law Judge, commonly called an ALJ.
The
judge assigned to the hearing conducts a new review of the case and is not
bound by the conclusions reached by the earlier disability examiners. This is
sometimes called a de novo review.
For
adults, SSDI and SSI generally use the same medical definition of disability.
The primary differences between the programs involve work history, insured
status, income, resources, and potential benefit amounts. At the hearing,
however, the central question is usually whether your physical or mental
impairments prevent you from performing substantial work activity for at least
12 continuous months.
How Will the Hearing Be
Conducted?
Social
Security disability hearings may currently be scheduled in one of four ways:
·
In person at a Social Security hearing office or
hearing site
·
By audio using a telephone
·
By agency video using equipment at a Social
Security office
·
By online video using your own smartphone,
tablet, or computer
Social
Security may schedule an audio or agency-video hearing unless you submit a
timely objection. An online-video hearing generally requires your agreement.
The notice explaining the available methods of appearance should contain
instructions and deadlines for stating your preference or objection.
Regardless
of the hearing format, the legal issues and the judge’s responsibility remain
the same.
What Happens Before the Hearing?
Social
Security generally sends a Notice of Hearing at least 75 days before the
scheduled hearing. The notice identifies the date, time, and manner of
appearance. A claimant may waive the 75-day notice requirement in an effort to
obtain an earlier hearing date, but waiving advance notice does not eliminate
the deadlines for submitting evidence.
Before
the hearing, your attorney will typically:
·
Review the electronic claim file
·
Obtain and submit updated medical records
·
Identify missing or incomplete evidence
·
Review your past work and earnings history
·
Prepare a written argument or hearing brief when
appropriate
·
Discuss the questions you are likely to be asked
· Prepare to question vocational or medical experts
Claimants
must generally submit or inform Social Security about written evidence no later
than five business days before the hearing. There are limited exceptions, but
waiting until the last minute can create unnecessary problems. Tell your
attorney promptly about new doctors, hospital visits, testing, treatment,
medications, or changes in your condition.
Who Will Be at the Hearing?
The
participants commonly include:
·
The Administrative Law Judge
·
The claimant
·
The claimant’s attorney or representative
·
A hearing reporter or hearing assistant
·
A vocational expert
·
Occasionally, a medical expert
·
An interpreter, when needed
·
Other witnesses approved or requested for the
hearing
Social
Security provides interpreters without charge when one is needed. Claimants
should notify the hearing office or their attorney as early as possible when
interpretation or another accommodation is required.
What Happens During the Hearing?
The
hearing is private and informal, but it is recorded. It is not open to the
public.
At
the beginning of the hearing, the judge will identify the participants, explain
the issues, and place the claimant and witnesses under oath. The judge may also
confirm basic information, such as the claimant’s name, address, education,
work history, and alleged disability onset date.
The
judge will then ask questions about the case. The claimant’s attorney may also
ask questions to clarify important facts or develop testimony that the judge
did not fully address.
Although
the hearing is less formal than a court trial, all testimony is given under
oath and should be complete, accurate, and truthful.
What Questions Will the Judge
Ask?
Every
hearing is different, but claimants should be prepared to discuss the following
subjects.
Your past work
The judge may ask:
·
What jobs have you performed?
·
What duties did those jobs require?
·
How much lifting, standing, walking, sitting,
bending, or reaching was involved?
·
Did you supervise other employees?
·
Did you use machines, tools, computers, or
specialized knowledge?
·
Why did you stop working?
·
Did your employer make accommodations before you
stopped working?
Job titles alone do not always describe how
a person actually performed a job. Specific details are important.
Your medical conditions
The judge may ask about your
diagnoses, symptoms, treatment, surgeries, testing, medications, side effects,
and response to treatment.
The judge may also ask why there
are gaps in treatment, why certain treatment was declined, or whether doctors
recommended additional procedures. Claimants should answer honestly rather than
guessing or trying to provide what they believe is the “right” response.
Your physical and mental limitations
Questions may address
how long you can sit, stand, or walk; how much you can lift; whether you need
to change positions; whether you use a cane or other assistive device; and
whether you have difficulty using your hands.
For mental-health
conditions, the judge may ask about concentration, memory, anxiety, depression,
panic attacks, interactions with others, adapting to change, following
instructions, and completing tasks consistently.
Your daily activities
The judge may ask about cooking,
cleaning, shopping, driving, personal care, childcare, hobbies, social
activities, exercise, travel, and computer or telephone use.
These questions are not necessarily
meant to suggest that performing a household task is the same as working full
time. The judge is trying to determine how your reported activities compare
with the limitations described in your medical records.
Explain not only whether you perform
an activity, but also how often you do it, how long it takes, whether you need
help, whether you take breaks, and how you feel afterward.
What Does the Vocational Expert
Do?
A
vocational expert, or VE, is an impartial expert who provides testimony about
jobs and the physical and mental requirements of work.
The
judge will usually ask the VE to classify your past employment. The judge may
then present hypothetical questions describing different combinations of
limitations.
For
example, the judge might ask whether a person of your age, education, and work
experience could perform your past work—or any other work—if that person could
lift a certain amount, stand or walk for a limited period, or perform only
simple and repetitive tasks.
The
vocational expert does not decide whether you are disabled. The judge makes the
final decision. Your attorney may question the VE about whether additional
limitations would eliminate the jobs identified, whether the testimony is
consistent with occupational information, or whether the person could maintain
employment with excessive absences, reduced productivity, or additional breaks.
SSA uses vocational experts to provide opinion evidence at disability hearings,
and claimants and their representatives have the opportunity to question
hearing witnesses.
Will a Medical Expert Testify?
A
medical expert does not appear at every hearing. When one is present, the
medical expert may testify about the medical evidence, the severity of the
claimant’s impairments, whether an impairment satisfies or medically equals a
listed impairment, and the functional limitations supported by the record.
The
medical expert does not examine or treat the claimant and does not make the
final decision. The attorney may question the expert and challenge opinions
that are inconsistent with the medical evidence.
How Should You Answer Questions?
The
most important rule is to tell the truth.
Do
not exaggerate your symptoms, but do not minimize them either. Many people
become accustomed to their limitations and unintentionally understate how much
help they need or how rarely they can complete an activity.
Listen
carefully to each question. Answer the question that was asked, provide
necessary details, and avoid guessing. It is acceptable to say that you do not
know, do not remember, or need the question repeated.
Whenever
possible, use specific examples. Saying, “I cannot stand very long,” is less
informative than explaining that you can generally stand for approximately 10
minutes before needing to sit because of increased back and leg pain.
Your
attorney can help clarify your testimony if an answer is incomplete or
misunderstood.
Will the Judge Announce a
Decision at the Hearing?
Usually,
the judge does not announce a decision at the end of the hearing. The judge may
need to review the testimony, medical evidence, vocational evidence, and legal
arguments before making a decision.
The
judge will issue a written decision explaining the findings and reasons for the
outcome. Social Security then sends the decision to the claimant and the
appointed representative.
A
favorable decision may still require additional processing before benefits are
calculated and paid. In an SSI claim, Social Security may need to verify
household income, resources, living arrangements, or other financial
eligibility requirements.
If
the decision is unfavorable, the claimant generally has 60 days after receiving
it to request review by the Appeals Council. Because appeal deadlines are
strict, an unfavorable decision should be discussed with an attorney
immediately.
How Can a Disability Attorney
Help?
An
experienced Social Security disability attorney can do much more than simply
attend the hearing.
An
attorney can review the complete claim file, obtain missing evidence, identify
legal and factual weaknesses, prepare the claimant to testify, submit written
arguments, question vocational and medical experts, and ensure that the judge
considers the important evidence.
No
attorney can guarantee the outcome of a Social Security disability claim.
Thorough preparation, however, can help ensure that the judge receives a clear
and accurate explanation of why the claimant cannot sustain full-time
competitive employment.
Speak With a Social
Security Disability Attorney
A
disability hearing may be your best opportunity to explain—in your own
words—how your conditions affect your daily life and ability to work. You
should not have to prepare for that hearing alone.
Our
office represents individuals seeking SSDI and SSI benefits and helps clients
prepare for every stage of the Social Security disability process. Contact our
office to discuss your claim and learn how we may be able to assist you.
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 101.
This
article provides general information and is not legal advice. Every Social
Security disability case is different, and prior results do not guarantee a
similar outcome.
