WHO APPEARS at a DISABILITY HEARING?

Your claim for Social Security disability has been denied. You filed an appeal which was also denied. You are about to go before an Administrative Law Judge for a hearing. Who will typically appear at this hearing? What is the hearing like?

Who Will Be At the Hearing?

In addition to the Judge, Social Security will typically have a vocational expert (VE) and a Medical Expert (VE)-- a doctor-- to provide testimony. Of course, you and your attorney/representative will also be there.

What Happens at the Hearing?

This is the first time you appear before anyone at Social Security face-to-face to answer questions and explain your disability.* The Judge will listen, ask questions, have your attorney ask you questions, then render a new decision.

Below is a typical hearing arrangement, though it may vary:

1. The Judge makes opening explanations and swears in all witnesses.

2. Your attorney will make an opening statement and explain why you qualify for benefits.

3. The Judge will ask you a lot of questions concerning: (a) Your past work, (b) Your medical or mental problems, (c) Your personal lifestyle.

4. Your attorney will "direct" questions to you. These questions are designed for two reasons: (a) to clarify any answers to the Judge's questions that may pose a problem with your claim, and (b) to give you an opportunity to testify on-the-record about your impairments and how they restrict your ability to work and perform daily activities.

5. The Judge may follow up with more questions or clarifications.

6. Testimony from the medical expert (if any) will be taken. Your attorney gets to re-direct or cross examine the expert.

7. Testimony is taken from the vocational expert about (a) Your Past Relevant Work (PRW) and (b) What jobs you may still be able to perform with your current Residual Functional Capacity (RFC). Your attorney gets to re-direct or cross examine the vocational expert, which is a very important part of the hearing--often deciding the fate of your case.

8. Your attorney gets to make closing arguments.

You will get a written decision in the mail in about 4 to 8 weeks, giving the judge's decision. Your attorney may get this decision sooner and give you a call to let you know the result. He/she will explain the decision and what to expect going forward.

6. Your attorney makes a closing argument.

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*Due to the COVID pandemic, hearings held after March 2020 may be by telephone or by use of video tele-conferencing.