Tuesday, January 14, 2020

WHAT TO EXPECT AT YOUR HUNTSVILLE DISABILITY HEARING

Most people will attend a Social Security disability hearing only once in their lifetime, if at all.  Here's a brief idea of what to expect.

First, it is not a court appearance in the usual sense of the word.  The Social Security Administration is an agency of the federal government, a part of the executive branch.  So, the hearing isn't entirely like a proceeding at the courthouse.  It's a bit less formal. The rules of evidence are a bit more relaxed but there are rules.

A hearing is a fact-finding process presided over by an administrative law judge (ALJ) who works for the federal government.  

The claimant and representative will enter a small conference room (hearing room) and be seated around a table.  After everyone is introduced, the judge will explain the process.  Then the claimant and any witnesses will be placed under oath.

Next, the judge will usually ask the claimant a series of questions.  Some judges ask nearly all the questions, while other judges want the claimant's representative to ask most of the questions.  

Questions usually center around the claimant's past work, current medical conditions, activities of daily living and restrictions in function.

It's impossible to list all or even most of the questions to expect.  Here are three questions you must always expect and be prepared to answer:

1.  When was the date on which you last worked, even for one day?  Be sure you know this.

2.  In your own words, tell me why you stopped working on (date).

3.  In your own words, tell me why you believe you are now unable to work.

After the ALJ and your attorney have asked all their questions, the judge will pose some hypothetical questions to the vocational expert.  You probably won't understand all of this because it's an unfamiliar "language."  Your attorney will deal with this final portion of the hearing.  

The typical hearing will last 45 to 60 minutes.  At it's conclusion, you may or may not know whether you were approved.  It's common for judges not to announce their decisions but to send their written decisions in the mail, which may take 60 to 90 days from the hearing.
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The Forsythe Firm
Phone (256) 799-0297


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