Many claimants are understandably nervous about attending a disability or SSI (Supplemental Security Income) hearing. There is a lot at stake, and it can be intimidating going in front of a Judge. This letter will give you a brief overview of the hearing process, and what to expect at a hearing.
Hearing Options:
Social Security hearing offices were closed to the public for in-person service due to the COVID-19 pandemic. Hearings are now held in person, by telephone and online video.Telephone hearings and online video hearings continue to provide flexible, safe, and secure hearing options during this difficult time. No matter the option chosen, this is the information that applies to all three, unless noted otherwise.
Be There and On Time:
Whether your hearing is in-person at an SSA office or being held virtually over phone or video, the first step is being on-time. If you miss your hearing, it could take months to reschedule or worse, the Judge can dismiss your case entirely and you will have to start over with a new application. If you are travelling to your hearing, please make sure that you have a reliable ride, that you know the address, and give yourself enough time to account for traffic, bad weather, and parking. You must also bring a valid form of identification with you, as you will be required to pass through security when entering the hearing location.
Inside the Hearing Room:
If you are having an in-person hearing, please note that hearings are typically held in relatively small rooms, which look more like conference rooms than courtrooms. Usually, the only people in the room are the Judge and his or her assistant, your representative, and any witnesses who might testify. Witnesses can include anyone you have brought along to testify on your behalf, such as your doctor, social worker, friends, or family. Other witnesses can include vocational experts or medical experts that have been requested to testify by the Judge.
Testimony, Questions, and Answers:
One of the main functions of the hearing is to allow the Judge to see and hear from you directly about how your conditions affect your day-to-day activities and ability to work. Both the Judge and your representative will have the opportunity to ask you questions. Many claimants are nervous about this aspect of the hearing process, but you shouldn’t be. This is your chance to tell your story to the Judge, in your own words. We will review with you prior to the hearing how to address the judge, the anticipated questions, and answer any questions you may have as to the process.
Vocational Experts:
Once your testimony and the testimony of any witness, the Judge will turn to the Vocational Expert and ask him or her a series of questions, to determine if there are any jobs in the national economy a person with your age, education, past relevant work experience and physical and mental symptoms can work on a full-time basis. You cannot offer spontaneous commentary during the vocational expert’s testimony. Your attorney representative can ask questions of the vocational expert after the Judge is finished with his or her questions.
After The Hearing:
Judges typically do not make a decision to award or deny the claim at the conclusion of the hearing. In most cases, there is a period of several weeks or months following the hearing during which the Judge considers the evidence and testimony given at the hearing. While it can be difficult to wait for a final decision on your claim, this post-hearing period also affords us the opportunity to present additional evidence on your behalf. Once the Judge has considered all of the evidence, testimony, and legal arguments submitted by your representative, a final decision on your claim will be sent in the mail typically within 2 to 3 months of the hearing.
Frequently Asked Questions:
What should I wear?
We recommend clean, business casual attire for the hearing. For women, we recommend that you avoid excessive hair styling or make-up as if you were going to a fancy event or wedding.
Should I bring anything with me?
Please make sure to bring your current photo ID to the hearing. This can be a valid driver’s license, passport, or military ID. In addition, we also recommend bringing a list of your current medications.
Can I bring someone with me to the hearing?
Unless the judge specifically asks you to bring someone, they will not allow anyone else to be present for the hearing. If you have friends or family members who wish to speak on your behalf, we recommend that they write letters about your conditions and send those letters to our office.
How long will the hearing take?
The amount of time a hearing takes can vary, but on average it lasts about an hour.
What if I become so nervous that I am overwhelmed by anxiety symptoms and have trouble answering questions?
This is your hearing. If you become temporarily unable to continue with the hearing due to physical or mental symptom exacerbations, let us know during the hearing. The Judge’s are very good at allowing small breaks to occur to let you compose yourself, even if this occurs frequently during the hearing.
If you have any further questions about the hearing or your claim, you can contact us at 1-309-637-2667 or at info@sfmlegal.com.