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USUAL PATTERN FOR SOCIAL SECURITY DISABILITY HEARINGS

Every Social Security disability hearing is different and every hearing is also alike.  Every hearing tends to follow a familiar, predictable pattern:

Opening remarks by the judge and then remarks by the claimant’s lawyer, the claimant’s testimony, and then testimony of a vocational witness regarding the claimant’s past relevant work, and whether certain functional limitations would preclude that past relevant work and/or other work. 

Before the claimant gives testimony he/she will be placed under oath by the judge.  The claimant pledges under penalty of perjury to tell the complete truth.  The judge will usually swear in the vocational witness at the same time as the claimant.

A typical hearing will last 45 to 60 minutes.  At the end the claimant's lawyer is usually offered a chance to make a closing statement or final argument.

The judge typically doesn't announce a decision at the close of the hearing.  Typically, the judge says something like, "I appreciate your coming in today.  I am going to review your testimony and all relevant evidence.  I will issue a written decision as soon as possible."  And the hearing is dismissed.

The claimant will spend 2 or 3 anxious weeks waiting on the decision to arrive.  The attorney/representative will probably get the decision electronically before the claimant receives the written decision.  I call the claimant as soon as I get the electronic decision and break the news, often a week before the written decision comes.

Now and then the judge will give a bench decision.  He or she will read the decision aloud into the official record.  When this happens the claimant or her attorney will know exactly what the decision is on the spot.  But this doesn't happen very often.

Sometimes the claimant's attorney can tell if the judge is leaning toward a favorable decision.  This may be evident by some remark the judge makes or by questions asked (or not asked) of the vocational expert (VE).  Or, the testimony of the vocational expert (VE) may be the giveaway.  We all love it when the judge only gives one hypothetical question and the VE responds, "Judge, this would preclude all past relevant work and there would be no other work available in the national economy."

That's a pretty sure sign that the decision will be favorable.  You don't "count your chickens" until the judge's signature is on the decision, but you often get a good idea of what decision is about to come forth.

 

 

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