WHAT JUDGES DO AT DISABILITY HEARINGS

At your disability hearing, the judge will act as a fact finder.  The judge will then apply the law to the facts to see if you qualify for SSDI benefits.

Here are the things that the judge must do at your hearing.

1.  Determine if you are now working.

2.  Determine what your severe impairments are.

3.  Decide how your impairments effect your ability to function in a work environment and in the 5 different exertional levels:  Sedentary, light, medium, heavy and very heavy.

4.  Decide whether you can perform any of your past full-time jobs (looking back only 15 years at past work).

5.  Decide if there is any other work in the national economy that you can perform (especially if you are under 50).  Also, decide whether one of the grid rules apply to you, which may direct a finding of disabled.

Here are some important questions the judge will ask:

• How did your last job end?  Why are you not there?
• Have you looked for other work?  Why not?
• Why do you believe you are not able to work?
• When did symptoms become bad enough to prevent you from working?
• What has your doctor told you about working?
• Has your doctor placed any restrictions on you?
• Tell me about your daily activities.

Hopefully you have a lawyer or "representative" to assist you in preparing for your hearing.  One of the valuable services your lawyer will perform is to sit down with you and help you prepare to face the judge.  I do this a few days prior to the hearing.  If we do it too far in advance, the claimant may forget what we talk about.