What Will Happen at My SS Disability Appeal Hearing?
Author Attorney Greg Reed:
Updated: 8/22/2024
What Will Happen at My Social Security Disability Appeal Hearing?
- A hearing request must be submitted in writing within 60 days of receiving a denial notice from Social Security.
- The Social Security office will notify the claimant at least 75 days prior to the hearing regarding the date, time, and location.
- Hearings can be conducted in person, by telephone, or via online video conferencing, with options available based on individual circumstances.
- In-person hearings are typically held within 75 miles of the claimant’s residence; travel issues should be communicated during the hearing request.
- Evidence supporting the case should be submitted at least 5 business days before the hearing, including medical records and statements from doctors.
- The Administrative Law Judge (ALJ) will ask questions regarding the claimant’s symptoms, limitations, and work history.
- Claimants should practice answering questions with their representatives to prepare for the hearing.
- Honesty and specificity in responses are crucial; claimants should avoid exaggeration and be clear about their conditions.
- Vocational experts often testify at hearings, providing critical insights into job availability for individuals with specific impairments.
- The ALJ will pose hypothetical scenarios to the vocational expert to assess the claimant’s ability to perform past or other work based on their limitations.
- The attorney’s role includes questioning the vocational expert to establish that no suitable jobs are available for the claimant’s residual functional capacity.
Preparing for a Social Security Disability (SSDI) hearing
Your initial application for Social Security Disability income was denied, so you filed a Request for Reconsideration and that was denied too. What do you do now? Most initial applications for Social Security Disability Income are denied, but that does not mean your claim will not be approved – you can request a hearing before an administrative law judge (ALJ). The hearing stage is the third step in the SSDI appeal process and your opportunity to explain to an ALJ in person why you are disabled and entitled to disability benefits. While 35% of claims are denied on initial filing, approval rate jumps to 50% at the hearing level in Texas. Administrative law judges work for the Social Security Administration; it is the ALJ’s job to issue an independent decision and not be influenced by the fact that an applicant was previously denied. Though you may certainly represent yourself, having an experienced disability attorney at your side to guide you through the hearing can make the crucial difference between a successful and unsuccessful outcome.
I have received my denial letter now what?
You have 60 days after receiving a denial to request a hearing.
You or your attorney may request a hearing online at Social Security’s website, downloading the forms you need and sending them to Social Security by mail, or calling your local Social Security office and requesting assistance. All hearing requests must be in writing and be submitted within 60 days of receiving a denial notice. When Social Security receives your request, they will forward your case file to the administrative law judge’s Hearing Office. Social Security will send you a notice at least 75 days before the hearing stating the location, date, and time of the hearing. If you don’t need advance notice, you can waive the right to advance notice by completing a Waiver of Timely Written Notice, which may help schedule a hearing faster, but will limit the time you have to supplement the Social Security file with additional medical records.
When and how will my disability hearing be held?
When a hearing can be scheduled will depend on the number of cases to be heard and the ALJ’s schedule.
Hearings may be scheduled in person, via telephone, or online video conferencing. This means you can testify from your own home or your representative’s law office. Telephone or online video hearings are not obligatory; however, post- Covid-19, some Social Security offices may be closed to the public. A hearing office staff member will contact you or your attorney in advance of the hearing and you may agree to a telephone or online video hearing or request that Social Security postpone the hearing. A postponement of the hearing date is not automatic and the judge may require you to supply evidence of good cause for the need to postpone the hearing.
Where are the disability hearings held?
In-person hearings are usually held within 75 miles of the applicant’s home at the closest Hearing Office to your home.
If travel is a problem, you must tell Social Security at the time you request a hearing, and if health problems create an issue, you should submit a doctor’s report with your request explaining why you can’t travel. This is less of an issue today as the use of phone hearings has become readily available.
How do they hold the hearings and who all is there?
Social Security conducts hearings the same way, whether they are by phone, video or in person.
Telephone hearings are conducted by the use of a conference call initiated by the hearings office and this allows claimants and their attorneys to be at separate locations. Similarly, Claimants and their attorneys can attend an online video hearing from any private place with a secure internet connection using a camera enabled phone, tablet, or computer which allows the claimant, attorney and judge to see one another on the screen. Other participants such as vocational and medical experts and interpreters will often join by phone only. You may also bring a witnesses to the hearing to substantiate your case. The ALJ will swear in all participants, listen to testimony, and ask you questions, if necessary. You and your attorney will also have the opportunity to ask questions.
Pay attention to hearing timelines.
Hearings are less formal than a trial and usually last around an hour.
First impressions are important. You should dress neatly and conservatively and be on time; if you are late, an ALJ may not have enough time to hear your case and may issue a show cause order for you to explain your tardiness. Any evidence supporting your case should be submitted at least 5 business days before the hearing. If you cannot obtain the evidence within this time period you must inform the court at least 5 business days before the hearing of the proposed evidence you are trying to obtain. Evidence should include medical records setting forth your medical history, physical and mental limitations. A statement from your doctor or doctors setting forth your medical conditions and the specific limitations they cause can be very beneficial.
What questions will I be asked at my disability hearing?
The ALJ will explain the issues in your case and may ask you about your past employment and limitations. If you are over 50 years old, your past work is particularly important. The following are some of the questions the judge may ask:
- What are your symptoms?
- How long have you suffered from your condition?
- How long can you stand before you must sit down?
- How long are you able to sit before you need to move?
- How far are you able to walk?
- How much weight can you carry?
- Are you able to bend over, kneel or squat?
- What is the most comfortable physical position for you?
- What medications do you take?
- How has your condition affected your ability to do your job?
- Do your conditions cause you to be absent several days a month?
- Do your conditions cause you to be off-task at work or require multiple breaks throughout the day?
- What chores can you do around the house?
- Why can’t you go back to your old job?
- Do you get along well with other people?
- Do you take care of any children or pets?
The questions a judge asks will depend on the details of your case and your disability.
Practice answering questions with your representative. Though they can’t testify for you, they can help prepare you for questioning.
You need to be respectful and honest during the hearing.
Appearing before an ALJ can be intimidating, and you may feel embarrassed to answer some of these questions, but it’s important to be honest and as specific as possible.
Be confident, but avoid being confrontational when speaking. Address the judge as “Your Honor.” This hearing is your opportunity to give the judge a detailed understanding of your physical and mental limitations and how they impact your work and personal life. The ALJ needs to know how well you can or cannot function and will use this information to decide whether you should or should not receive disability benefits. To present yourself as a credible claimant, be truthful and avoid being vague. Explain your medical condition and symptoms clearly and specifically, but do not exaggerate. The Judge will review your medical records and look for inconsistencies in your testimony and medical records. Medical records provide evidence that your physical or mental condition is so severe you cannot work. You and your attorney should review your case file and submit any evidence that you want the judge to consider well before the hearing.
What does a vocational expert do and are they important?
The ALJ will also question vocational and medical experts at the hearing.
A vocational expert testifies about the available jobs for various occupations and if an individual with certain impairments is capable of performing a particular job. Vocational experts are present at approximately 85% of disability hearings and their testimony is critical to the success of an applicant’s claim. Usually, the ALJ will ask the vocational expert (VE) multiple hypothetical questions representing a range of the residual functional capacity that the judge feels is supported by the evidence. The ALJ comes up with a list of limitations for each hypothetical and asks the VE if with these limitations the person can do his or her past work or any other work. If under each hypothetical the VE believes that a person with the limitations of the hypothetical can do your past work then your claim will likely be denied. Usually, ALJ’s ask multiple hypotheticals across a wide spectrum of limitations and under some hypotheticals the person may be able to do the claimant’s past work or other work and under other hypotheticals the person can do no work at all. In these situations, it is difficult to predict which hypothetical the ALJ may deem to most accurately cover your situation.
After the ALJ has questioned the VE, your attorney will be allowed to ask the VE questions.
These questions can include asking the basis for the VE’s opinion and asking additional hypotheticals based on the evidence. Your attorney’s goal is to get the VE to state that there are no jobs available in your area that can be performed by a person with your residual functional capacity.
After your hearing, your case file will be held at the Office of Hearing Operations (OHO) until the judge makes their decision.
This may take anywhere from three weeks to three months or more following the hearing. If your claim is denied, your file will remain at OHO and you will receive a notice of denial with information on how to appeal the decision. If your claim is approved, Social Security will check to see if you are making Substantial Gainful Activity (SGA), which in 2024 is $1,550 per month for non-blind individuals and $2,590 per month for blind individuals. If you meet Social Security’s financial requirements, Social Security will send you a Notice of Award stating the amount of benefit you will receive and whether the judge issued a “fully favorable” or “partially favorable” decision. The difference between “fully favorable” and “partially favorable” is whether the judge agrees that the date of onset of your disability is correct; this can impact the amount of backpay you receive. For example, if the judge believes your disability began one month after the onset date stated in your file, you would receive less backpay. Your file will then be sent to Social Security’s payment processing and you should receive payment within one month – assuming that your onset date occurred more than five months before the judge approved your claim. The payment may also be delayed in SSI cases as Social Security will want to interview you to see if you are receiving any other assistance from other sources, including family members, as this can affect the amount of SSI benefits you receive.
If you have not retained legal representation in your disability claim, there are many reasons why you should hire an experienced disability attorney at the appeal level.
First, administrative law judges approve a greater percentage of claims in which an applicant has legal representation. At the ALJ hearing phase an attorney will not only continue to assure that the evidence is complete, but prepare you for questioning by the ALJ, prepare an argument on your behalf and skillfully cross-examine any medical or vocational experts selected by the ALJ to testify at the hearing. Also, an attorney who has previously presented cases before an ALJ will know how to manage any weaknesses in your case as well as build up its strengths given that knowledge.
The appeals process can be very complicated, and trying to prepare for a disability hearing alone is very challenging.
Fortunately, you do not have to go it alone. The experienced disability lawyers at Bemis, Roach & Reed help Texans just like you appeal denied disability applications. We understand how disability hearings work and will thoroughly prepare you for your day in court. If you live in Austin, San Antonio, Houston, Dallas/Fort Worth, Galveston, Central Texas, or Corpus Christi, contact us today for a free initial consultation.
“Once Social Security determines the limitations caused by your condition, they will employ a vocational expert to assess whether a person with these limitations is employable. Most vocational experts will find a person to be unemployable if their condition or the treatment rendered for the condition causes the person to regularly be absent two or more days a month or be “off-task” 15% or more of the workday.”
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Disability benefits are an important source of income for those who are unable to work. If you are not able to work due to accident or illness, you may be eligible for Social Security Disability or Long Term Disability benefits. If you have applied for benefits and been denied, contact the attorneys at Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.
Try these links for further reading on this subject:
Appealing a Denied Claim with Texas Disability Lawyers
Prepare for your SSDI Hearing
Austin Social Security Disability Lawyers
Author: Attorney Greg Reed has been practicing law for 29 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Reed obtained board certification from the Texas Board of Legal Specialization. Greg is admitted to practice in the United States District Court – all Texas Districts and the United States Court of Appeals-Fifth Circuit. Mr. Reed is a member of the Travis County Bar Association, Texas Trial Lawyers Association, past Director of the Capital Area Trial Lawyers Association, and an Associate member of the American Board of Trial Advocates. Mr. Reed and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
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