No. 4 in a series about Social Security disability hearings.
What Is the Order of Events in a Hearing?
Judges will usually start by introducing themselves and each other person in the hearing room. Then, they will give a brief recitation of why the hearing is taking place and explain the hearing procedure. Then, the judge will administer the oath to the claimant and vocational witness, usually at the same time.
The judge may question you first. Then, the judge will permit your representative to question you. The purpose of the representative's questions is to emphasize the favorable facts of the case and to bring out the nature and severity of your symptoms and why you would have difficulty performing work activities. I recommend that you assume the judge doesn't know much about your case, so you will explain everything. In giving testimony (answer questions by the judge or by your representative), keep the following points in mind:
Following the questioning of the claimant, the judge will ask the vocational witness some questions. (You will sit back and relax during this). Your representative will pay close attention and be prepared to respond to the vocational testimony, as required. The judge will ask the vocational expert about two broad areas:
Past Relevant Work - work you have performed over the past 15 years. The VE will classify each past job by its exertion level and skill level.
How Your Impairments Affect Your Ability to Perform Past Work and Other Work.
If your attorney/representative feels that the vocational witness' testimony has been unfavorable to your case, he or she may question or cross examine the witness. Your representative will know the best way to challenge testimony. You should never object to what the vocational witness says, no matter how much you disagree. Let your attorney/representative do that for you.
Most judges will not tell you if you have won. Most will tell you that a written decision will be issued within 90 days. In rare instances, judges will issue a "bench decision," a decision which is stated at the end of the hearing while you are still present. This is, however, pretty rare. Even if a bench decision is given, the judge must still issue a written decision which is mailed to you with a copy to your representative. Bench decisions are usually mailed much quicker than regular decisions. A regular decision (favorable or unfavorable) can take 30 to 90 days to receive.
Your hearing will probably last about 1 hour. Sometimes, hearings a shorter. This will occur when the judge finds that your evidence is overwhelming and positive, indicating that a long, drawn out hearing is not called for. If the vocational witness is not questioned, this can be a good sign that the judge feels you are disabled and he is not going to drag out the hearing. After the hearing, your representative may or may not have a good idea about whether you won. Sometimes, it is pretty obvious, even if the judge did not announce a decision; however, at other times, there may be little clue. No decision is final until it comes in the mail.
What Is the Order of Events in a Hearing?
Judges will usually start by introducing themselves and each other person in the hearing room. Then, they will give a brief recitation of why the hearing is taking place and explain the hearing procedure. Then, the judge will administer the oath to the claimant and vocational witness, usually at the same time.
The judge may question you first. Then, the judge will permit your representative to question you. The purpose of the representative's questions is to emphasize the favorable facts of the case and to bring out the nature and severity of your symptoms and why you would have difficulty performing work activities. I recommend that you assume the judge doesn't know much about your case, so you will explain everything. In giving testimony (answer questions by the judge or by your representative), keep the following points in mind:
- Tell the complete truth. Failure to do so damages your credibility and may lose the case. Some questions honestly are designed only to see if you will be truthful. The question may have little or no bearing on whether you are disabled.
- Never attempt to answer a question you don't understand. Ask that the question be clarified or explained.
- Give some detail, not just yes or no answers, as called for. For example, on questions like, Can you drive, Can you do housework, Do you shop in stores....don't simpy say "Yes." If you struggle with those activities, then by all means, explain the challenges or struggles you face in doing these activities. Otherwise, the judge will assume you have no limitations at all in those areas.
Following the questioning of the claimant, the judge will ask the vocational witness some questions. (You will sit back and relax during this). Your representative will pay close attention and be prepared to respond to the vocational testimony, as required. The judge will ask the vocational expert about two broad areas:
Past Relevant Work - work you have performed over the past 15 years. The VE will classify each past job by its exertion level and skill level.
How Your Impairments Affect Your Ability to Perform Past Work and Other Work.
If your attorney/representative feels that the vocational witness' testimony has been unfavorable to your case, he or she may question or cross examine the witness. Your representative will know the best way to challenge testimony. You should never object to what the vocational witness says, no matter how much you disagree. Let your attorney/representative do that for you.
Most judges will not tell you if you have won. Most will tell you that a written decision will be issued within 90 days. In rare instances, judges will issue a "bench decision," a decision which is stated at the end of the hearing while you are still present. This is, however, pretty rare. Even if a bench decision is given, the judge must still issue a written decision which is mailed to you with a copy to your representative. Bench decisions are usually mailed much quicker than regular decisions. A regular decision (favorable or unfavorable) can take 30 to 90 days to receive.
Your hearing will probably last about 1 hour. Sometimes, hearings a shorter. This will occur when the judge finds that your evidence is overwhelming and positive, indicating that a long, drawn out hearing is not called for. If the vocational witness is not questioned, this can be a good sign that the judge feels you are disabled and he is not going to drag out the hearing. After the hearing, your representative may or may not have a good idea about whether you won. Sometimes, it is pretty obvious, even if the judge did not announce a decision; however, at other times, there may be little clue. No decision is final until it comes in the mail.
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