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After many months of waiting for a hearing date, I finally received a notice from the Social Security Office of Hearings & Appeals of the date and time of my hearing. What happens at my disability hearing?
Assuming Social Security is relying upon a medical expert and vocational expert to provide testimony regarding your impairments and the vocational issues presented, in attendance at the hearing will be the Administrative Law Judge (ALJ), you and your attorney, if you are represented by counsel, the vocational expert, the medical expert and the ALJ’s hearing assistant. The first formality occurring at your hearing is your affirmation to tell the truth. Immediately thereafter, the ALJ will advise you regarding the issues for consideration. He will then provide a brief statement as to the evidence he will consider, and its application to the law. You will be afforded the opportunity to provide an opening statement outlining your evidence. Thereafter, the ALJ will begin asking you basic questions about your background, your impairments, your educational and vocational history, your daily activities and why you are unable to be gainfully employed. Afterward, the ALJ will then ask questions of the medical expert to assist him in clarifying the medical issues. The ALJ will also inquire with the vocational expert regarding the vocational issues pertaining to your case. Certainly, your attorney will have the opportunity to ask you questions and to also cross-examine the medical expert and vocational expert. After all testimony is presented, the ALJ will offer you or your attorney the opportunity to make closing arguments before the hearing is concluded. Ordinarily, it will take the ALJ approximately thirty to ninety days to render a written decision assuming, of course, no further development needs to occur in your case, i.e. obtaining additional evidence. Naturally, if the ALJ’s determination is favorable to you, no further action needs to be taken on your behalf other than to comply with SSA’s request for information regarding dependents and other administrative issues to ensure your monthly benefit is properly determined.
The sequence of events at a hearing may vary depending on the ALJ. Finally, expect the hearing to last approximately one hour or so. Good luck and thank you for your question.
Should you have any questions regarding Social Security Disability, or if you would like to consult with an attorney, please contact our office.