What to Expect in an Appeal to an Administrative Law Judge

You have waited months and in most cases years for a hearing on your disability claim.  You finally have a hearing date, so what happens next.

Prior to the Hearing

Usually you will get a notice from the Office of Hearings and Appeals that your hearing has been scheduled within 20 to 30 days of your hearing date.  Social Security regulations require that the hearing be held with 75 miles of your home.  If there is some reason that you cannot attend the hearing on the day they schedule it you should contact the hearings office as soon as possible. 

Along with sending the notice of the hearing, Social Security will send you a list of the documents in your hearing file that will be used to decide your case; they will also give you the opportunity to submit additional evidence.  If you have additional evidence you should send it to the hearing office as soon as possible, however you can submit the evidence at the time of the hearing.  

At the Hearing                           

Your hearing before the ALJ will be recorded.  In the hearing room will be the Administrative Law Judge, his assistant and depending on the case a vocational experts.  (Vocational experts are often asked to testify in cases where the claimant a younger worker.) If you are unrepresented, the ALJ will conduct the hearing and ask you questions.  The questions will cover

• Your past work history and the type of work that you did
• How your medical condition affects your ability to do that work
• Any attempts you have made at working since your condition worsened
• Effects of medication
• Issues you may have with pain.
• What you do in a typical day

The Administrative Law Judge will also question any witnesses you bring with you to the hearing. You should select witnesses who can give testimony about your inability to work, the changes in your behavior or ability to care for yourself because of your condition or changes in your personality because of medication or pain that would make it unlikely that you can work.

Get Legal Representation

The hearing level of the Social Security appeals process is the level of appeals that a lawyer is the most helpful.  A lawyer experienced in handling Social Security cases knows what testimony to elicit from you and your witnesses to get a positive outcome. Don't forget Social Security will withhold a portion of past due benefits for attorney's fees.