WHAT HAPPENS AT A DISABILITY HEARING?

A Social Security hearing takes place before a federal administrative law judge. It is the third stage of a disability claim, which has been already been denied twice by the time it reaches the hearing level.

Since more claims are paid at the hearing level than anywhere else, you must be prepared for this legal procedure. It will involve technical issues that most claimants are not prepared to handle.

The purpose of the hearing is for the federal judge to apply specific rules and regulations of the law to your case. For example: do you meet a Listing? Is a finding of disability directed by a medical-vocational guideline? Did you have insured status with the Social Security Administration at your alleged onset date? According to the Dictionary of Occupational Titles, what jobs in the United States are you still able to perform--based on your age, education, past work experience and residual functional capacity (RFC). One of the main goals at the hearing is to help direct the judge to finding a proper RFC.

The judge goes by the federal regulations in the 20 Code of Federal Regulations, Section 404, Parts 1-99. Most people are not familiar with this body of law and not qualified to represent themselves at these hearings. Doing so can cost you A LOT of money and loss of the best chance you have to win your case.

So what happens at the hearing, anyway?

A lot happens. Here is a brief summary of a hearing. The judge places the claimant and all witnesses under oath. The judge usually asks the attorney/representative to present the case and give a legal theory of award. Thus, the claimant's attorney directs the judge to the medical and vocational evidence that supports the case under existing law. The judge will ask the claimant a lot of questions, then allow the representative to ask the claimant questions. Toward the end, Social Security's vocational expert will testify and answer the judge's questions. The claimant's attorney then gets to cross examine the vocational witness and make a final statement. If there is not medical expert present, this ends the hearing.

The claimant needs to have one and only one role in the hearing: to answer questions from the judge and from his/her attorney. The attorney's questions should have been well prepared in advance and the claimant has been prepared to answer them truthfully and directly. The claimant should not be concerned about the rules of evidence, legal theory of the case, procedural matters, listings or medical-vocational guidelines. The claimant should not have to watch for trick questions or pitfalls that may get the case denied: that is the attorney's job. A claimant who is "wearing both hats," trying to be both claimant and attorney, is usually doomed to failure.

Judges tell me that unrepresented claimants usually either don't prepare for their hearings or prepare poorly. My theory is that the hearing is probably won or lost in the preparation that is done before the hearing date! Waltzing into a hearing without knowing what's going to happen is a formula for disaster.

A 2017 US government study found that claimants who are professionally represented are 3 times more likely to win their disability claims! That says it all.

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Charles W. Forsythe founded The Forsythe Firm to offer the best possible representation for Social Security disability. His firm does nothing but disability representation. (256) 799-0297.

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