What Happens at a Disability Hearing?

If the Social Security Administration (SSA) denies your disability claim, you can appeal up to four times. The first appeal happens at the reconsideration level. This appeal focuses on reviewing your paperwork and doesn’t involve a hearing.

If your reconsideration appeal is denied, the second level of appeal is a hearing before an Administrative Law Judge (ALJ). You must request an ALJ hearing 60 days from the decision date. Considering that wait times for a hearing are sometimes longer than 12 months, you will have some time to prepare for your hearing. 

This article discusses the disability hearing process for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claims. You’ll learn about what to expect at the hearing.

You may also want to prepare for your hearing with a disability law attorney. Getting professional help can protect you against mistakes during the hearing.

When and Where Will My Hearing Take Place?

You will receive a notice from the SSA at least 75 days in advance. This notice will tell you the hearing’s date, time, and place. The place could be a phone call or in person at a hearing office. You can also choose to appear via online video from a private location, or you can visit an SSA facility and use their devices to attend via video teleconference.

You may be able to expedite your hearing if you waive the 75-day notice requirement. You should also return SSA’s requested forms as soon as possible. To check the status of your hearing request, you can create and log into your online Social Security account.

Suppose you do not wish to appear at your hearing. In that case, you must file a Waiver of Your Right to Personal Appearance Before an Administrative Law Judge. The ALJ will then decide your case with only the evidence in the file.

How To Prepare for Your Disability Hearing

It is important to prepare as much as you can for your hearing. Preparation can mean the difference between another denial or approval of Social Security disability benefits. The ALJ hearing level typically has a higher approval rate than the initial or reconsideration levels.

Here are some tips to help you prepare for a successful hearing.

Consider Appointing a Representative

If you don’t already have one, you may want to consider appointing a disability representative to handle your claim for Social Security disability benefits. This is either a disability lawyer or a non-attorney representative. Disability representatives are experts at evaluating your medical evidence to make a strong case for disability for the ALJ.

Review Your Evidence

It may be wise to review your evidence before the hearing. This will help refresh your memory about important and relevant details like medical treatments. It will also help you remember some of the first symptoms you had leading to your medical condition diagnosis.

To get a copy of your claim’s evidence, you can contact the Social Security hearing office. It can transfer the records to you electronically through your online SSA account.

Prepare Your Testimony

Consider how you will present your testimony at the hearing. Be honest and concise. Focus on how your disability affects your ability to work and perform everyday tasks.

Arrive Early

If your hearing is in person or by video at an SSA facility, arrive at the hearing location at least 15 minutes early. This time will let you find the correct room and get comfortable before the discussion.

Call the hearing office as soon as possible if you miss your hearing. You may have to show you had “good cause,” or a legitimate reason, for not appearing. The ALJ may dismiss or reschedule the hearing depending on whether you showed good cause.

Stay in Touch With Your Representative

Contact your lawyer or representative after the hearing. They can help to explain the outcome and any next steps. You may need to file another appeal if your appeal is denied.

What Could Hurt My Disability Claim?

A few statements could work against your interests, such as:

• Sounding over-eager to collect disability benefits to avoid working
• Exaggerating your symptoms or embellishing the details in a way that doesn’t match your medical records
• Being too vague about your condition and how it limits your ability to do work
• Lashing out in frustration at the questions or appeals process

You may worry about making a mistake at your hearing. If your condition affects how you communicate or handle stress, the hearing may seem especially hard. This is why it is helpful to have an experienced representative. They can help you practice answering questions ahead of time and suggest ways to improve your answers.

What To Expect at Your Disability Hearing

Upon arrival, the ALJ will introduce themselves and give an opening statement. The ALJ will discuss who is in the room, such as the court reporter, and explain the purpose of the hearing.

After the opening statement, you will be sworn in, along with other witnesses, before testimony begins. Although the hearing level is informal, remember that everything you and the witnesses say is under oath and officially recorded.

You May Testify

The ALJ may ask you questions or let you testify your own way. They will want to know how your impairment affects you. Topics may include work history, medical condition(s), and how your impairment(s) affects your ability to work.

Suppose the ALJ hasn’t asked you any questions during the hearing yet. In that case, you may request the opportunity to speak on your behalf or through your representative. You and your representative have the right to question all witnesses and to submit evidence.

Other People May Testify

The ALJ may also question neutral expert witnesses, such as a physician or a vocational expert. A vocational expert answers hypothetical questions about the types of work someone of your age, education, past employment, and functional limitations can perform. The experts’ role is to share their professional knowledge and perspective with the judge.

Possible Outcomes of a Disability Hearing

At the end of the hearing, the ALJ will review the evidence, including all testimony, and issue a written decision. Sometimes, the ALJ will decide your claim at the hearing. This is known as a “bench decision.”

Your claim might be dismissed, or you might receive an otherwise unfavorable outcome. In that case, you may request a review by the SSA Appeals Council, the final agency level of the appeals process.

Get Professional Legal Help With Your Social Security Disability Hearing

Many people do not consult with an attorney when filing their initial application for a Social Security disability claim. But appealing a denied claim is often more involved. Hiring a disability attorney can make a difference in the outcome.

Increase your odds of a favorable outcome by contacting a Social Security disability attorney today. Many disability benefits attorneys offer a free evaluation. They will review your medical records to determine the strength of your case.