What to Expect From a Disability Review Hearing

If you have been disabled and are filing for disability benefits according to Social Security allowances, you will need to attend a disability review hearing.  Here’s what you can expect: 

This is NOT Law and Order!

Your hearing will not look or feel like a trial you may have seen on TV.  These disability hearings are less formal and are typically held at The Office of Disability Adjudication and Review (ODAR).  You will most likely sit around a conference room, rather than a courtroom, and you and your attorney will most likely be asked to sit across from the judge. 

Who Will Be There?

An administrative law judge will typically preside over a disability review hearing.  In addition to the judge, the hearing will be attended by:

• Yourself,
• Your attorney,
• Your witnesses (if you brought them or were asked to have them in attendance), and
• Various experts that the judge may want at the hearing.  These experts may have social security, medical, or vocational knowledge that is of importance to the judge. 
• Also in attendance will most likely be a hearing assistant, who is responsible for recording the proceedings. 

What Will I Be Asked?

After swearing you in, the judge will ask you and your attorney a variety of questions regarding your previous work history, your education, and the nature of your condition(s).  The judge may also ask extensive questions about the severity of your impairment, and how your medical condition effects your daily activities.   

Remember, this is a critical part of your hearing!  You must give a complete, accurate, and honest account of how your condition has affected your life.  These hearings literally hinge on the judge’s impression of your truthfulness regarding your condition and its impact on your life at work and at home.  During the hearing the judge may also ask experts for their input on your condition. 

What Happens Next?

The judge typically does not make a determination at the end of the hearing, and it could take several weeks for you to learn the outcome of the procedure.   

You will be approved for disability benefits under Social Security laws if the judge at your hearing finds that you are truly disabled according to those laws.  If you receive approval for benefits as a result of your hearing, you may still not receive benefits immediately.  Essentially this is due to the time it takes to write up the decision and process it through to payment.

Getting Help

When a disability review hearing is scheduled, you need to take your lawyer to it. He can act as your representative, giving voice to your concerns and helping to ensure all your legal rights are protected so you can get the benefits you need and deserve.