What to Expect from a Social Security Disability Hearing
Many of my clients coming to my office are very nervous about the Social Security Disability appeals hearing. Typically this is because the only legal proceedings they have seen have been on TV. While there are many great lawyer TV shows (any many bad ones) these programs don’t represent what a Social Security appeals hearing will look like.
The hearing is conducted around a long table in a room that is fairly small. There is not a fancy courtroom like you may see on Law and Order. The Administrative Law Judge (ALJ) will be seated at one of the tables behind a raised podium also called the “bench”. You, as the claimant, will be in the room along with your disability lawyer and a court reporter to record the proceedings.
The Judge will also ask the VE to determine what jobs you could now do based on various limitations. This is done by the Judge asking hypothetical questions to the VE about a person with similar work history as yours and various physical and or mental limitations. Your attorney will also have the opportunity to ask the VE questions regarding his or her findings about your work history and future employment options.
In most instances, there will not be direct medical testimony from a doctor at the hearing, but only the use of filed medical records. Typically, other family members will not be allowed during the hearing, although in some instances another person may be called in briefly to the hearing to act as a health witness to discuss your health and physical or mental limitations.
A valuable disability attorney will review the appeals process with you in more detail and help you understand what questions may be asked of you. (Please see the earlier post regarding preparation for a Social Security Disability hearing.) If you are not receiving adequate attention from your disability attorney, you may want to reconsider your selection. The Krebs Law Firm, The Springfield Disability Attorney, focuses on providing personal attention to its disability clients.
The Springfield, Missouri Office of Disability Adjudication and Review (ODAR) is currently in the process of moving to a new location; however, I have been told the hearing rooms will be similar to the current arrangement that is described above.
