WHAT IS A SOCIAL SECURITY DISABILITY HEARING LIKE?

A Social Security disability hearing occurs when your claim has been denied at the initial level. 
Hearings are face-to-face proceedings before a US administrative law judge (ALJ).  They are held in small conference-like rooms, typically with the following persons present:

• the administrative law judge (ALJ)
• the claimant
• the claimant's attorney or representative
• a Social Security employee who makes a recording of the proceeding
• a vocational expert, called by Social Security to give job related testimony

The ALJ will place the claimant and vocational expert (VE) under oath.    Some questions commonly asked by the ALJ include:

• Describe what you did at your past job(s).
• Can you drive a car?  How did you get here today?
• Tell me why you believe you can't work.
• How do you spend your day?
• What are your limitations on (bending, lifting, carrying, standing, sitting, remembering...)

The claimant's representative will also get a chance to ask the claimant questions, designed to help win the case by presenting additional evidence.

The judge will ask a vocational expert (called in by Social Security) to testify about the claimant's past work.  After a series of hypothetical questions that pose certain hypothetical restrictions, the expert will be asked if the claimant can still perform any of his/her past relevant work.  If "Yes," the hearing is probably over and the claimant loses. If "No," the hearing goes to the final step.

Is there any other work in the national economy which exists in significant numbers that the claimant can do?  If the VE says, "No, there is no other work that the claimant could perform," then a finding of disabled should occur.  However, if the VE finds some jobs that the claimant could perform, that could lead to a denial of benefits.  Then, the representative must cross examine the VE to refute or weaken the testimony.  This is a critical area where the representative earns his or her pay.  

The  typical hearing will last about 45 minutes.  Unlike the commercials on TV, your representative will probably NOT be able to tell you whether you won or lost on the day of the hearing.  Typically, the decision will be mailed to the claimant within 2 months after the hearing. 

  

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