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HEARINGS: WHAT CAN YOU EXPECT?

When a disability claim is denied, you are entitled to a hearing before an administrative law judge (ALJ).  This is not a court proceeding but rather an appearance before an administrative agency of the US government (executive branch).

The hearing is where most Social Security disability cases eventually get approved.   So, the hearing is your best opportunity to prove your case and be awarded benefits.

A hearing typically lasts 45 minutes to one hour.  The judge will review all your medical records and other documents and will take oral testimony from you.  Simply put, you will be asked a lot of questions under oath.

Usually, a vocational expert called by Social Security will testify.  Sometimes, a medical expert (doctor) will testify.

GOAL:  Your goal is to prove that you are disabled according to the Social Security laws and regulations.  This usually involves proving that you cannot perform any full-time work which exists in the national economy.  For persons over the age of 50, especially over age 55, a Medical-Vocational Guideline may relax the rules slightly and allow benefits even if there are some jobs you could still perform.

I would note that hearings are technical matters where points of law must be proven.  A few factors that are critical in a hearing include:
  • Initial onset of the disability:  When did it begin?
  • How severe are the symptoms?
  • How frequent are the symptoms?
  • What medical evidence supports the claim?
  • What can the claimant still do in spite of the  impairments?
  •  What is the claimants residual functional capacity?  In short, what kind of work can he/she still perform?
  • How does past relevant work impact the claim?
  • How does the claimant's education impact the claim? 

SOCIAL SECURITY JUSTICE - THE FORSYTHE FIRM 

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