A hearing is a normal part of the Social Security Disability process. If your claim has reached the hearing stage, it does not mean that something went wrong. In fact, many claims are approved only after a hearing.

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A disability hearing is your opportunity to tell your story and explain how your medical conditions affect your ability to work. Below is an overview of what typically happens before, during, and after a Social Security Disability hearing.

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Before the hearing

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Before the hearing takes place, you will receive a notice with the date, time, and format of the hearing. I almost always recommend a phone hearing for my clients. Phone hearings allow you to attend the hearing from the comfort of your own home. They eliminate worries about how to travel to a hearing office, what to wear, where to park, and uncomfortable seating arrangements. Phone hearings and in-person hearings are evaluated under the same legal standards.  

 

This stage is also when we gather and review evidence. Medical records, opinion evidence, and work history information are important. I provide forms for my clients to obtain medical opinions from their doctors to ensure that their limitations are documented in the record. Making sure the record is complete before the hearing can make a meaningful difference.

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When the hearing nears, my clients and I prepare together over the phone.

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Who is present at the hearing

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A disability hearing is not a public courtroom proceeding. Typically present are:

• An administrative law judge

• You (the claimant)

• Your attorney or representative, if you have one

• A vocational expert

• Occasionally, a medical expert

There is no jury, and there is no attorney arguing against you.

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What the judge may ask

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The judge will usually ask questions about:

• Your medical conditions

• Your symptoms

• Your treatment history

• Your daily activities

• Your past work and work limitations

 

These questions are meant to help the judge understand how your conditions affect your ability to work on a regular, sustained basis. There are no “trick” questions, but it is important to answer honestly and clearly.

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After the judge's questions, your attorney will have an opportunity to ask you questions and clarify your testimony.

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The role of vocational experts

 

In most hearings, a vocational expert testifies about jobs and work requirements. The judge will ask the expert whether someone with certain limitations could perform your past work or other work. Then, your attorney will have the opportunity to question the vocational expert. Your attorney can ensure that your specific limitations are addressed by the expert. These issues can be central to how a case is decided.

 

Rarely, a medical expert may also testify about medical evidence in the record. 

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What happens after the hearing

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After the hearing, the judge does not usually make a decision right away. Instead, he or she reviews the evidence and testimony and issues a written decision later.

 

The timing varies, but decisions are often issued one to two months after the hearing, sometimes more. If the claim is approved, the written decision will explain the basis for the approval. If the claim is denied, the decision will outline the reasons and discuss any further appeal rights.

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Final thoughts

 

Disability hearings can feel intimidating, but they are designed to give claimants a meaningful opportunity to be heard. Preparation and understanding the process can help the experience go smoothly. If you are interested in working with me on your disability appeal, please call or email me. 

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