HOW TO PREPARE FOR A HEARING BY PHONE

Since the advent of the COVID pandemic in 2020, Social Security has held a majority of its disabiity hearings by telephone, as opposed to in-person hearings.

I've participated in hundrds of hearings by telephone and find that there are several advantages to this type of hearing:

1. You don't have to get dressed up and travel to a hearing office; no traffic!

2. No need to hassle with security at the hearing office.

3. The judge cannot base decisions on the way you look.

4. You may get a hearing sooner than you would waiting on an in-person hearing.

5. You may be more relaxed with a telephone hearing.

But how do you prepare for a hearing by telephone?

Most importantly I would say, get a professional lawyer or advocate to appear with you and help you prepare for the hearing. Yes, you are still entitled to have your lawyer present during a telephone hearing, just like you would with an in-person hearing. Your lawyer will have prepared the evidence in advance, will have prepared you and your testimony and has addressed potential problems or "snags" with your case. I can't emphasize how important this is, as opposed to wading into a hearing alone and unprepared for what will happen. And talking to a relative or friend who has recently had their own hearing is NOT adequate counsel.

A few other tips about planning for a telephone hearing:

1. Be sure your telelphone is on at least one hour before your scheduled hearing time, and on hour afterwards. Hearings don't always start on time. Have your phone fully charged.

2. Be sure the hearing office (judge's office) is informed days in advance of the correct phone number to call at the time of the hearing.

3. Set aside a quiet private place your hearing. Only you and your attorney/representative will be allowed in the room. Many claimants hold these hearings in their attorney's office for obvious reasons. I prefer to have the claimant appear in my office with me.

4. Obtain a good understanding of what must be proved to be successful. The usual requirements are: prove that you cannot perform any of your past relevant work and prove that you can't perform any other work that exists in the national economy.

5. Spend at least 1 hour with your attorney/representative before the hearing. Know the type of questions you may be asked and the best way to respond to them. Get a good idea of the form the hearing will take so there are no surprises. Hearings are suprisingly alike, yet suprisingly different. Listening and talking to your lawyer is the best way to prepare.

6. Confirm that all the medical evidence from your doctors, clinics, counselors, chiropractors, therapists, etc. have been obtained and added to your file. This must be done well in advance of hearing day.

7. Review your past jobs during the last 15 year period. You will likely be asked

• Describe the type of work you did at each job. What machines were used?

• Give the month/year that you started and ended each job.

• How much sitting/standing/walking were required per 8-hour day for each job?

• What was the weight you frequently (normally) lifted in each past job?

• What's the MAXIMUM weight you had to lift in each job?

The full-time work you performed during the past 15 year period is called your "Past Relevant Work" or (PRW). A vocational expert will be present at the hearing to classify and discuss your past jobs with the judge. You want the vocational witness to have sufficient information to classify all your past work as to

• Skill level (unskilled, semi-skilled or skilled)

• Exertion level (sedentary, light, medium, heavy, or very heavy)

Details on past employment can be very difficult for most claimants unless they have prepared in advance, especially if they've had several jobs within the past 15 years. I've seen cases win or lose based on past job performance. Your lawyer can explain the importance of past relevant work in more detail.

A hearing is an informal session before a US administrative law judge (ALJ) who will giive your case serious consideration. The average hearing will last 45 to 60 minutes. During the hearing the judge will hear from you, your lawyer and any witnesses, including the vocational witness.