In general Social Security hearings are fairly casual, nothing like you are accustomed to seeing on the news or Court TV. Generally, the only folks in the hearing room are a court reporter who types what’s being said, the judge, the claimant and if you’re represented, your representative. It is also not unusual for the Administrative Law Judge to request a vocational expert or a medical expert testify at the hearing.
The primary goal of the hearing is for the claimant.
Usually the judge will ask questions in order to understand your case and get the info that is necessary to establish if you meet Social Security’s definition of impairment.
The judge will ask you questions about your schooling and where you reside. Essentially, easy questions which you should not normally have to think twice about.
You’ll be asked about your work history before your alleged start date from fifteen years up to the last job you held. You might be requested to describe what this money is for if you’ve got any gains since your alleged start date.
Clearly you’ll be asked how they impact you on a daily basis and many questions about your impairments. Maybe you are asked if you’ve been hospitalized or if the drug helps your troubles, if the medicine has side effects. It’s also wise to be prepared to describe any difference in clinical treatment (for instance if you no longer had medical coverage).
Be prepared for the one question that I consider each and every judge I Have ever appeared in front of has inquired — “In your view, what prevents you from working?”
It gives them insight into what your limits are. It is here where the judge will usually have the ability to ascertain whether he/she considers you’re exaggerating or whether he/she thinks you’re a credible individual.
It is crucial that you make sure your limits are understood by the judge and your disability keeps you from doing daily tasks. But, at precisely the same time, you don’t need to lie or exaggerate. They are able to generally tell if someone is lying to them or if their limits are being exaggerated by the individual.
So you have applied for either Social Security Disability benefits or Supplemental Security Income and you have been refused at the First application, and perhaps another time at Reconsideration ( in case your state has this phase of the procedure).
Here are a number of things for what to expect at your hearing:
- It is time to strongly consider getting one should you not have an experienced Social Security disability lawyer. Not to mention, they are going to present your case in an ordered fashion that reveals the judge that you simply match with the Social Security definition of disability.
- Unlike other legal proceedings, claimants are prohibited by the new rules of Social Security from understanding who the Administrative Law Judge is ahead of the hearing.
- Social Security hearings are fairly casual, nothing like you are accustomed to seeing on the news or Court TV. Generally, the only folks in the hearing room are a reporter who types what’s being said, the judge, the claimant and if you’re represented, your representative. It is also not unusual for the Administrative Law Judge to request a vocational expert or a medical expert testify at the hearing.
- I have had hearings that have continued less and hearings that have continued considerably more. But, generally, if a seasoned representative or Social Security lawyer represents you, you should anticipate your hearing to continue close to an hour. From my experience of sitting in Social Security hearings where the claimant is unrepresented seldom last more than half an hour.
- The Administrative Law Judge scarcely issues a determination the day of the hearing. It is not common practice, although this does not mean it never occurs. Thus, do not go to the hearing anticipating to have a final solution to whether or not your application for disability is being approved or refused. Should you not receive a bench decision (a decision the day of the hearing), you may need to wait to get your written determination in the email. The time frame for a verdict changes by judge, some judges get their judgements sent out within several weeks and sadly I Have had judges that take up to three months to issue their verdict.
- The primary goal of the hearing is for the claimant. Nearly all the time spent in the hearing room if you’re represented by someone and is spent with the judge asking the claimant questions, having your representative ask you questions to notify the judge of significant details.
- If you have been scheduled for a hearing, then read this post about Social Security disability errors that are common that are readily repaired.
You probably have waited eighteen months in case you are scheduled for a hearing then. That is why I’ll repeat my idea that should you not have an experienced Social Security disability lawyer, it is time to strongly consider getting one. Contact a dedicated Greenville Social Security Lawyer, J. Robert Surface, Attorney at Law, right away to schedule a free, confidential consultation. J. Robert Surface has extensive experience fighting for disabled people. Use his insight to your advantage and get the benefits you rightly deserve for your military service.