Understanding who will be present at your Social Security disability hearing, and knowing their roles, will help you understand the challenges you face--and how to prepare.
There are normally 5 persons present at a hearing. Sometimes, additional persons may take part, such as a medical expert (Social Security doctor). The 5 persons usually present are:
1. The administrative law judge (ALJ) - an employee of the Social Security Administration, the ALJ will preside over the hearing, rule on objections and procedural matters, ask questions of the claimant and ultimately make a decision on the case.
2. The claimant. You are there to answer questions about your past work, why you can no longer work, your medical treatment, what activities you can/cannot perform, etc.
3. Your representative is there to present your case in the most positive light, handle problems, answer the judge's questions and make legal arguments as to why you meet the federal requirements for a disability check.
4. A vocational expert (vocational rehabilitation counselor) will be there. His or her role is to classify your past relevant work, clarify the requirements for doing certain types of work, and to answer the judge's hypothetical questions that get to whether you can perform any of your past work or any other work in the national economy. It is usually the testimony of the vocational expert that will get your claim approved or denied, although this is always predicated by the hypothetical questions the judge will ask. In short, you want to impress upon the judge that you are severely limited in the ability to perform work activities so the ALJ will ask very limiting and restrictive hypothetical questions to the vocational expert.
5. A hearing clerk is there to operate equipment and make a recording of the procedure. He or she has no other direct involvement in the hearing.
I must emphasize that 90 percent of the work is done before the hearing takes place. Ordering, submitting and evaluating medical records is a time-consuming and absolutely essential function. Mapping out a way to get approval (legally) is an essential function: Are we going to win by meeting a Listing? Are we going to win by relying on a grid rule? Are we gong to win by showing that the claimant cannot perform past relevant work or any other job in the national economy? Each of these routes has a certain burden of proof. Realizing the burden of proof and mapping out a way to get there is vital--and this occurs mostly in the months prior to the hearing date.
Of course, the best laid plans of mice and men so often go astray. Therefore, the ability to deal quickly with roadblocks, problems and objections that arise during the hearing is also vital.
SOCIAL SECURITY JUSTICE
CALL US (256) 799-0297
* We will never ask you for money. If you case is decided favorably and you are paid past due benefits, Social Security will pay any fee that we and the client have agreed to, and Social Security will pay us directly. We are eligible for Direct Payment of Fees by the Social Security Administration. You do not have to write us a check.
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