If you have a Social Security Disability hearing coming up, you may be wondering what you expect.
My name is Kaitlin Wildoner, and I’m an attorney who helps disabled individuals obtain their Social Security disability benefits as quickly as possible so they can focus on getting better. Today we’re going to talk about what to expect at your Social Security Disability hearing.
What to Expect at Your Disability Proceeding
First, it’s important to know it’s a private proceeding. The only people that are guaranteed to be present are you, the administrative law judge that has been assigned to hear your case, and the hearing reporter who is responsible to make sure that there is a valid transcription, an audio recording of the hearing. Also present are often a vocational witness whose job it is to classify your past work and respond to hypotheticals presented by the judge or your attorney about any kind of work that you may be able to do. The other type of person that sometimes there is a medical witness. Social Security will occasionally ask a medical witness to come testify it at your hearing on your condition to see whether you may meet or equal any of their disability listings. Finally, of course, if you have hired an attorney, she should also be there.
Second, the judge will begin to open the hearing by making some introductions. Once the introductions are made the hearing progresses to talk about your case. The hearing is an opportunity for you to explain to a live Social Security Administration employee, the judge, how your disability impacts your ability to function on a day-to-day basis. It’s an opportunity for you and the judge to have a direct conversation about your limitations. They should already have your medical records, so they will have that basis and understanding, but they need to know what that means for you in your day-to-day life.
Your work history is also covered, and that’s what the vocational witness helps to discuss as well. They may need additional information about your work history so they can classify your past work. As I said before, they will also respond to hypotheticals presented by the judge and your attorney, if you have one, about whether an individual can do any work in the national economy based on age, education, past work, transferable skills and certain physical and mental limitations.
You will often not get a decision on the day of your hearing. Judges will likely take your testimony under advisement and submit a written decision to you through the mail. The amount of time it takes from the date of your hearing until you get that written decision in the mail does vary, it depends on various factors, including the case load as to whether it’s something that the judge can get a decision out right away, or if it’s gonna take a little bit longer, because they have a heavier case load on their desk.
Finally, if you have an attorney, she or he should discuss with you several weeks prior to the hearing what to expect specifically for your judge. She will go through with you some of the expected testimony that will be elicited and what you can expect to testify to during the hearing. You want to make sure that you’re testifying in a way that is, of course honest above all else, but also consistent with your case and consistent with the medical records.
If you are disabled and unable to work, click the link below to schedule a time to chat or give me a call at the number on the screen so we can discuss what I can do to help you and your disability case.
