Social Security Disability Insurance (SSDI) provides disability benefits for people whose ability to work is limited. But if your claims or application are denied, you won’t be able to get your monthly payments. Fortunately, you can appeal for a reconsideration.
When the Social Security Administration (SSA) denies your first appeal at the reconsideration stage, you can appeal to an Administrative Law Judge (ALJ).
If you’re reading this, there’s a chance that you’ve been waiting anywhere from 1 to 3 years to appear before the judge. You’re anxious. Possibly very frustrated. You’ve been waiting from the date you initially filed your Social Security claim to the hearing date. You’ve waited a long time for this request! If you’re representing yourself without an attorney, you probably don’t know what to expect!
Let us tell you then.
What to Expect in Disability Hearings
The aim of disability hearings is for the judge to understand the extent of how your conditions affect your ability to work for eight hours and how it affects you mentally. You will not be interrogated or tricked by answering difficult questions.
Disability hearings are private, audio-recorded, and not formal. No other people are allowed except for you as the appellant, your attorney, your witnesses, the ALJ, the requested witnesses of the ALJ, and the court reporter. Hearings take place in a hearing office.
The ALJ Confirms All File Requirements are Present
A Social Security hearing is a “fact-finding” hearing. It’s meant to be non-confrontational. The ALJ has reviewed all the medical records you and your attorney have submitted.
Upon the day of the hearing, the ALJ will confirm your basic information by asking about your name, birth date, address, marital status, and maybe your Social Security number.
The ALJ will explain the issues SSI or SSDI may have with your case after covering all the preliminary information, including whether all the exhibits are correct, whether all the pertinent information is in the file, etc.
The Claimant, Representative, and Witnesses Testify
You, your attorney, and the witnesses must testify under oath or affirmation. Once you have sworn before the ALJ, they will begin your testimony as a claimant. If represented, the judge MIGHT turn the beginning questioning over to the attorney, but the judge will ALWAYS ask questions of you.
The judge will ask about your background, medical history, and symptoms. Sometimes, an in-person hearing will be more advantageous for you as the ALJ can take note of your symptoms themselves. If you use a cane to walk or see your hands shake, they will put it on record.
Your attorney will also question you to better represent your case. Your witnesses and the requested witnesses will also testify. You or your attorney can question any witnesses present in the hearing.
Prepare for Your Disability Hearing with the Administrative Law Judge
The medical records are the key. The AJL has reviewed, in fact, your entire file. The judge knows how much you earned in 2010, whether or not you still garden, and what your doctor thinks about your condition. You would be surprised what people tell their doctors and what they put down in the Adult Function Reports they submit to the Social Security Administration!
Prepare how to answer questions. Whether it’s the judge or attorney questioning you in court, it is best to be direct-to-the-point with your answers. The hearing is to determine whether you deserve your disability benefits or not.
So, in every response, show how your condition deters you from working physically and mentally eight hours a day.
The ALJ will ask you questions such as, “What do you do each day?” or “Do you smoke cigarettes or drink alcohol?” or “Can you lift a gallon of milk?”
Be ready to give specific real-life examples to prove what you can and can do. The judge is looking for reasons to find you lack credibility to make their decision. Don’t give them one.
Numbers don’t lie. Put numbers on your physical difficulties to give the ALJ a clear picture of your capabilities and limitations.
- Occurrence: The ALJ would want to know how many occurrences your symptoms give you problems. For example, if you have anxiety, they will want to know how many times you may get panic attacks each month.
- Duration: If you have to rest “a lot,” say “X hours” instead. If you can only stand “for so long,” put a number on how many minutes you can tolerate standing.
- Weight: If they ask you how much you can lift, don’t say “not much.” Say, “X pounds throughout the 8-hour workday with zero pain.”
- Distress Scale: Indicate the degree of pain you experience with specific movements or activities. For example, the 0-10 pain scale is zero for no pain and 10 for a broken bone.
Arrive at your hearing early. These are the disability benefits you have waited years to obtain; do not let traffic or unforeseen circumstances get in the way. Bring valid identification and leave your guns, knives, etc. at home. The clerk might have you fill out a couple of simple forms, and once your hearing starts, you will be escorted into a conference room.
Get Help From an Expert Attorney: Claim Your SSDI Benefits
If you plan on representing yourself, it is recommended that you have an expert representative to help present your case more effectively before the judge. Marken Law Group, PS, has prepared hundreds and hundreds of Social Security claimants, just like you, for hearing. Our method is based on our experience and what we have encountered daily in the hearings office. We prepare you so you leave the hearing feeling you know exactly what will happen! Contact us by phone or email today for a free consultation.