A short hearing will help a judge determine if you are unable to work due to a disability.
If your initial application for Social Security Disability (SSD) benefits has been denied, you may be required to go to a hearing as part of the appeal process. Courtroom drama is a staple of television shows and movies, but for those seeking social security disability benefits, the administrative hearing should be a lot less dramatic than what is portrayed in pop culture.
Understanding what happens at a hearing, and what the judge will likely ask you, can be important in lowering anxiety and stress before the hearing. If you are represented by a Social Security Disability attorney, he or she will be with you throughout the process. This blog post explores what exactly happens at these hearings — and what you can expect.
The SSD Hearing
In order to get to a Social Security Disability hearing, your initial application for benefits must first be denied. You will then typically file an appeal, called a Request for Reconsideration. If your appeal is also denied, the next step is to attend a hearing to determine if you are too disabled to work. The hearing is presided over by an administrative law judge (ALJ), who will be tasked with investigating and determining if you meet the requirements under the law to receive disability benefits.
Once the hearing begins, you will be sworn in and the ALJ will start to ask you questions. While each judge is different, these questions will typically focus on your ability to work, and may include queries about your past work history and your education. The ALJ will be trying to determine how physically demanding your prior job was, for example, and whether you were required to lift heavy objects or stand for prolonged periods of time. Next, the ALJ will explore the medical aspect of your claim. He or she will talk to you about what your disability is, and how it relates to your ability to work. The judge will also likely ask you about the symptoms of your medical or psychological issue, and how you manage them on a daily basis. Remember that the ALJ is not trying to trip you up or catch you in a “gotcha” moment (like on TV). He or she is simply trying to figure out whether your disability prevents you from being gainfully employed. Your attorney may also ask you questions to clarify these matters.
After your testimony, a vocational expert will then usually testify about whether or not you could perform your past work or any other jobs. This opinion will be based on a review of your medical records, work history, educational background and your testimony at the hearing. Your attorney will also have an opportunity to question this expert to try to develop testimony that is more favorable to your claim.
The entire hearing usually takes no longer than an hour. In most cases, the ALJ will not issue a decision that day, but will send a letter with a written decision. This letter could arrive anywhere from 30 days to 8 months after the hearing. In most cases, the decision will be received within 60 to 90 days.
If you are seeking SSD benefits, having an experienced Social Security Disability attorney can help to ensure that your paperwork is filed properly, improving the chance that your application is not denied. If you do need to go to a hearing, your lawyer will be an invaluable asset in ensuring that the best possible case is put before the judge to help you get a favorable decision. At PLBH, we are highly skilled at handling all phases of SSD benefit applications. Contact our office today at (800) 435-7542 or info@plblaw.com to learn more about how we can help you, or to schedule a free initial consultation.