Most people are anxious about what will happen during a Social Security Disability (SSDI) or Supplemental Security Income (SSI) hearing. This post is meant to help alleviate some of those fears.
We understand it can be very emotionally stressful to speak about the impact of your condition(s) and how it has affected your life. This is completely normal. In fact, it is common for claimants to tear up or actually cry. We will do everything we can to make sure you are comfortable by preparing you to be heard by the court.
The process is really quite simple. You will be meeting with an administrative law judge, your lawyer or representative, witnesses, and possibly a medical and/or vocational expert(s). Much like other types of hearings, the judge presides over the hearing, and makes the final determination on your claim.
Proceedings will be started by the judge who will begin questioning you or instructing your lawyer to begin questioning. They will usually begin by asking questions about each of your past jobs and what your physical duties were at those jobs. You will also be asked what it is that keeps you from being able to work. You will also be asked about any doctors you are seeing, planned procedures, treatments, medications you are taking, and if there are side effects, and how all of this may influence your ability to work.
This is where a good attorney is critical. Here, at Arrow Legal Solutions, we do our best to help you prepare for all these lines of questioning. We offer advice like, “The judge does not want to hear the medical definition of your symptoms, he wants to hear in your own words what exactly the issue is.” For example: “Because of a herniated disk, I am unable to work.” A better approach: “I cannot comfortably lift more than five pounds because of a shooting pain in my lower back and down my left leg.”
After you answer questions, witnesses will be called to testify. Medical and vocational experts will be questioned and their opinions will be considered. The judge may ask the experts hypothetical questions related to your symptoms and limitations. All of this information is used to determine if, in the judge’s opinion, you are able to continue to work in any relevant role related to your past work experience.
That is pretty much it. After your case has been presented, the judge will make a determination. Depending on the outcome, you will be awarded benefits or now have the opportunity to appeal. Try not to feel too discouraged if your case is denied. Appeals are, unfortunately, quite common. Roughly 60 percent of Social Security cases are initially denied.
If you would like more information, please watch a few videos on our website designed to help prepare you for Social Security proceedings.
Please feel free to contact us for a free evaluation of your case or if you are ready to get started.