What to Expect at an SSDI or SSI Disability Hearing

 

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.