Most Common Questions About Disability Hearings

The fear of the unknown can quickly get into your head whenever you’re dealing with an unfamiliar situation. Such is the case with a disability hearing. 

In a perfect world, your disability claim would get accepted and you’d receive benefits on the merit of the evidence. However, it’s more likely your initial claim will be denied and you’ll eventually have to attend a hearing before an administrative law judge. 

You may have a lot of questions about this upcoming event, from why the hearing is necessary, to why the vocational is testifying at the hearing, and ultimately, what happens when vocational expert says no jobs. 

Continue reading to learn the answers to these questions and many others.

1. Why Do Claimants Need To Attend A Hearing?

Upon making a Social Security disability claim through the district office, the specialist working there will make their decision. If they deny a claim, the claimant has the right to request an administrative review. In the event the decision is once again not favorable, the only recourse is requesting a hearing with an administrative law judge.

2. Who Is An Administrative Law Judge?

An administrative law judge is a federal judge employed by the Social Security Administration to decide on claims. This individual must be licensed to practice law with at least seven years in administrative or litigation law practice. 

3. Are There Benefits To A Hearing In Front Of An Administrative Law Judge?

Yes. Once your appeal is also denied, there’s a high probability that you will get a favorable decision after having your claim evaluated by the judge. This is especially true if you hire a lawyer who will help develop your case. 

4. How Long Do You Have To Wait For A Hearing?

After requesting a hearing, it may take anywhere from six months to a year until it’s scheduled. Having to wait so much is stressful, but you can use this waiting time to gather additional medical evidence and send it to the Social Security Administration.

5. How Long Does A Hearing Take?

Most hearings last between an hour and two hours, but keep in mind that the duration depends on the complexity of the case and the number of witnesses. 

6. Who Can Attend The Hearing?

You can bring along witnesses, but in contrast to hearings like the ones you see on TV, they won’t be able to enter the hearing room until they’re called in to testify. 

Apart from you, the judge, your attorney, expert witnesses such as vocational experts, and the judge’s assistant will also attend the hearing.

7. Who Asks You The Questions During A Hearing?

It depends. Some judges will allow your attorney to question you, while others will do it on their own. If the latter occurs, the judge will allow your attorney to ask additional questions to highlight any issues they may have missed. 

Naturally, you’ll have a slight advantage if your attorney completes the questioning as you’ll know which questions they’ll ask you in advance.

8. What Should You Wear To The Hearing?

Although you don’t need to wear an elaborate suit as casual looks are permitted, you should still do your best to be presentable. The same rule applies to witnesses. 

9. Are Breaks Allowed?

Generally speaking, breaks are not allowed during the disability hearing, mostly because the amount of time allocated to your case is limited. 

If you’re concerned about your health, no need to worry. In case there’s a medical emergency during the hearing, the judge will stop the hearing and call for help.

Moreover, if you’re in too much pain due to your condition, you don’t need to stay seated for the entire hearing. The judge will allow you to stand or adjust your position in any way so you can alleviate the pain. 

10. What Does The Courtroom Look Like?

The media has likely shaped your perception of the legal system so you may imagine your hearing taking place in a TV-ready courtroom. This isn’t the case.

The judge is elevated behind the bench, but you, your counsel, and expert witnesses will sit in front of a bench at a long table. There will be recording devices and microphones on it. 

There is no witness stand, though, and you’ll answer the question from the table. 

Similarly, the entire hearing process is non-adversarial, as the mission of the court is only to establish the facts. 

11. What Expert Witnesses Will Attend Your Hearing?

Chances are, the judge will request medical and vocational experts to be present at the hearing. These experts will listen to your testimony and review records. They’ll then use the available evidence and testimony to provide their opinions on the case. 

12. What Happens When Vocational Expert Says No Jobs Are Available?

Vocational experts are familiar with the skills required for jobs in the current economy and can provide an informed opinion on your work capacity. 

The judge will ask the vocational expert hypothetical questions on whether your condition limits or completely rules out your ability to find gainful employment. If the expert witness believes you have functional capacity, the judge will ask them whether any jobs in the economy are available to the claimant. 

What happens when vocational expert says no jobs are available?

This is a good sign as it improves your chances of winning the benefits. Nothing is guaranteed though, and the decision is up to the judge, but this is still a good sign. 

On the other hand, if the expert ascertains some jobs are available, your attorney is allowed to impose additional limitations (present in your medical records) until they manage to eliminate the jobs the expert is identifying. 

Have No Worries

While a hearing sounds scary, remember that the judge is on your side. After all, their job is simply to confirm whether you deserve disability benefits or not, and if you have a legitimate disability, you’ll eventually be successful in your endeavor.

Plus, in case the judge denies your claim, you can still take the issue further by filing an appeal. 

So all in all, breathe in and breathe out because everything will be fine!

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.