WHAT HAPPENS AT A DISABILITY HEARING?
When your Social Security disability claim is denied, you will file an appeal and ask for a hearing before an administrative law judge. The hearing will last about 45 minutes. What happens at the hearing?
Here is the typical format:
The administrative law judge (ALJ) will explain the purpose of the hearing and how it will be conducted. He/she will introduce everyone present and place those who are going to give testimony under oath.
The judge may allow the claimant's representative to make an opening statement--a summary of the case and the claimant's legal position--why benefits should be awarded.
The ALJ will question the claimant.
The judge will usually begin by verifying when the claimant last worked. Employment records and wages are available to the judge. Often, there will be questions about the type of work the claimant has performed over the past 15 years. One question is common, "Tell me how your last job ended." Then, the judge will ask the claimant to explain why he/she can't work. Typically, the claimant will be asked about activities of daily living: driving, housework, yard work, hobbies, social activities, etc.
The Claimant's Representative Will Ask Questions.
These questions are designed to reinforce the idea that the claimant has one or more severe impairments that make it impossible to work a full-time job. The representative may ask the claimant to explain problems or difficulty with activities of daily living, shopping, driving, standing, walking, sitting, bending, lifting, etc. He/she may also clarify answers to the judge's questions that may need clarification or expansion. The purpose of these questions is to make the point that the claimant's functional ability is so restricted that he or she cannot sustain full-time work. The representative will be careful to ask about limitations or restrictions that are supported in the medical record.
THE VOCATIONAL EXPERT (VE) WILL TESTIFY.
The VE, a jobs expert, has been called by Social Security. His or her job is (a) to classify the claimant's past work, and (b) to answer the judge's hypothetical questions about employment. Generally, the judge will ask the VE whether the claimant can return to any past relevant work OR if he/she can perform any other work which exists in significant numbers in the national economy. The judge's questions will be posed as a series of hypotheticals or "what if" questions.
The Claimant's Representative May Make a Closing Argument or Statement.
For example, the representative may state that the claimant meets or equals one of the Listed impairments. Or, it may be stated that a finding of disability should be determined based on one of the medical-vocational guidelines. Another argument may be that the claimant cannot sustain the physical and/or mental demands of even unskilled, sedentary work and is, therefore, disabled. The representative will use this opportunity to give the judge a legal basis for approving the claim.
When Will I Get My Decision?
Written decisions from the judge often take 60 to 90 days and sometimes longer. This is because there are many decisions ahead of yours and it takes a while for the Decision Writer to write up the decision in legal detail. Decisions are written in the order they are made (older decisions first, newer decisions later). Three decisions are possible in your case:
1. FULLY FAVORABLE - You get everything you asked for.
2. PARTIALLY FAVORABLE - You are disabled but the judge may have decided that your disability began at a later date than you claimed; therefore, your back pay is reduced.
3. UNFAVORABLE - The judge finds that you do not have a legal disability under the definitions of the Social Security Act and, therefore, are not entitled to a benefit.
Unfavorable and partially favorable decisions may be appealed within 60 days.
____________
THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL (256) 799-0297
SOCIAL SECURITY JUSTICE - WEBSITE
Here is the typical format:
The administrative law judge (ALJ) will explain the purpose of the hearing and how it will be conducted. He/she will introduce everyone present and place those who are going to give testimony under oath.
The judge may allow the claimant's representative to make an opening statement--a summary of the case and the claimant's legal position--why benefits should be awarded.
The ALJ will question the claimant.
The judge will usually begin by verifying when the claimant last worked. Employment records and wages are available to the judge. Often, there will be questions about the type of work the claimant has performed over the past 15 years. One question is common, "Tell me how your last job ended." Then, the judge will ask the claimant to explain why he/she can't work. Typically, the claimant will be asked about activities of daily living: driving, housework, yard work, hobbies, social activities, etc.
The Claimant's Representative Will Ask Questions.
These questions are designed to reinforce the idea that the claimant has one or more severe impairments that make it impossible to work a full-time job. The representative may ask the claimant to explain problems or difficulty with activities of daily living, shopping, driving, standing, walking, sitting, bending, lifting, etc. He/she may also clarify answers to the judge's questions that may need clarification or expansion. The purpose of these questions is to make the point that the claimant's functional ability is so restricted that he or she cannot sustain full-time work. The representative will be careful to ask about limitations or restrictions that are supported in the medical record.
THE VOCATIONAL EXPERT (VE) WILL TESTIFY.
The VE, a jobs expert, has been called by Social Security. His or her job is (a) to classify the claimant's past work, and (b) to answer the judge's hypothetical questions about employment. Generally, the judge will ask the VE whether the claimant can return to any past relevant work OR if he/she can perform any other work which exists in significant numbers in the national economy. The judge's questions will be posed as a series of hypotheticals or "what if" questions.
The Claimant's Representative May Make a Closing Argument or Statement.
For example, the representative may state that the claimant meets or equals one of the Listed impairments. Or, it may be stated that a finding of disability should be determined based on one of the medical-vocational guidelines. Another argument may be that the claimant cannot sustain the physical and/or mental demands of even unskilled, sedentary work and is, therefore, disabled. The representative will use this opportunity to give the judge a legal basis for approving the claim.
When Will I Get My Decision?
Written decisions from the judge often take 60 to 90 days and sometimes longer. This is because there are many decisions ahead of yours and it takes a while for the Decision Writer to write up the decision in legal detail. Decisions are written in the order they are made (older decisions first, newer decisions later). Three decisions are possible in your case:
1. FULLY FAVORABLE - You get everything you asked for.
2. PARTIALLY FAVORABLE - You are disabled but the judge may have decided that your disability began at a later date than you claimed; therefore, your back pay is reduced.
3. UNFAVORABLE - The judge finds that you do not have a legal disability under the definitions of the Social Security Act and, therefore, are not entitled to a benefit.
Unfavorable and partially favorable decisions may be appealed within 60 days.
____________
THE FORSYTHE FIRM
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL (256) 799-0297
SOCIAL SECURITY JUSTICE - WEBSITE
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