No. 3 of a series about Social Security disability hearings.
Who Participates in a Disability Hearing?
There are generally 5 individuals present at a Social Security disability hearing: the claimant, the claimant's representative, an administrative law judge, a vocational witness and a court reporter. Let's briefly discuss each person's role in the hearing.
The Administrative Law Judge (ALJ)
The person who presides over a hearing is a US administrative law judge (ALJ). While the hearing is informal (you are not required to stand when the judge enters the room; the judge may or may not wear a robe) - you should give the judge the same respect you would give a court judge. You may address the judge with either "Your Honor" or "Yes Sir" or "Yes, M'am." The judge is a fact finder and expediter. The judge will listen to testimony, review all the evidence and give a new independent decision about whether you are entitled to benefits. Be sure to treat the judge with courtesy and always be truthful. The hearing has the best odds of being approved of any step in the Social Security claims process.
The Attorney or Representative
Your representative is the only person in the hearing room who is dedicated to getting a decision that is fully favorable to you, the claimant. He or she is there to present your case, to direct you in giving testimony, to question others who give testimony and perform other advocacy that should help you get a favorable decision. Your representative will question you in order to elicit testimony from you that will help the judge decide that you are disabled and entitled to benefits. The representative will also try to solve any problems that arise before, during or after the hearing.
The Vocational Witness, sometimes called a Vocational Expert (VE)
The vocational witness is a vocational rehabilitation counselor who usually works for himself/herself and does contract work with Social Security. He or she has been called by Social Security to answer the judge's questions involving vocational or work related matters. The VE will sit quietly during most of the hearing. Near the end, the judge will ask the vocational expert to classify all of your past relevant work. The judge may also ask the vocational witness to respond to a series of hypothetical questions about certain supposed physical and/or mental limitations and how these limitations would restrict the ability to perform jobs. The vocational testimony is very important in helping the judge reach a fair decision in your case. You will not address the vocational witness. If any questions are appropriate, your representative will ask them at the appropriate time.
The Reporter or Clerk
This individual is called by various titles--clerk, reporter or by other titles. The reporter's job is to handle the technical and record keeping portion of the hearing. The reporter will operate a computer which makes a sound recording of the hearing (voices only) and will type notes to form a transcript of the proceeding. The clerk will also ask you for any forms or signatures needed before the hearing begins or after it ends.
Remember that the hearing is rather informal, will be conducted in a conversational manner and is "non-adversarial." This means that no attorney will be representing Social Security or the government trying to get the case denied. Also, the claimant is not required to know or follow formal rules of evidence, such as would be required in a civil or criminal court. They key things to remember is to tell the truth, speak clearly and answer all questions as clearly as possible. If you don't understand a question, ask that it be repeated or explained before you answer.
Who Participates in a Disability Hearing?
There are generally 5 individuals present at a Social Security disability hearing: the claimant, the claimant's representative, an administrative law judge, a vocational witness and a court reporter. Let's briefly discuss each person's role in the hearing.
The Administrative Law Judge (ALJ)
The person who presides over a hearing is a US administrative law judge (ALJ). While the hearing is informal (you are not required to stand when the judge enters the room; the judge may or may not wear a robe) - you should give the judge the same respect you would give a court judge. You may address the judge with either "Your Honor" or "Yes Sir" or "Yes, M'am." The judge is a fact finder and expediter. The judge will listen to testimony, review all the evidence and give a new independent decision about whether you are entitled to benefits. Be sure to treat the judge with courtesy and always be truthful. The hearing has the best odds of being approved of any step in the Social Security claims process.
The Attorney or Representative
Your representative is the only person in the hearing room who is dedicated to getting a decision that is fully favorable to you, the claimant. He or she is there to present your case, to direct you in giving testimony, to question others who give testimony and perform other advocacy that should help you get a favorable decision. Your representative will question you in order to elicit testimony from you that will help the judge decide that you are disabled and entitled to benefits. The representative will also try to solve any problems that arise before, during or after the hearing.
The Vocational Witness, sometimes called a Vocational Expert (VE)
The vocational witness is a vocational rehabilitation counselor who usually works for himself/herself and does contract work with Social Security. He or she has been called by Social Security to answer the judge's questions involving vocational or work related matters. The VE will sit quietly during most of the hearing. Near the end, the judge will ask the vocational expert to classify all of your past relevant work. The judge may also ask the vocational witness to respond to a series of hypothetical questions about certain supposed physical and/or mental limitations and how these limitations would restrict the ability to perform jobs. The vocational testimony is very important in helping the judge reach a fair decision in your case. You will not address the vocational witness. If any questions are appropriate, your representative will ask them at the appropriate time.
The Reporter or Clerk
This individual is called by various titles--clerk, reporter or by other titles. The reporter's job is to handle the technical and record keeping portion of the hearing. The reporter will operate a computer which makes a sound recording of the hearing (voices only) and will type notes to form a transcript of the proceeding. The clerk will also ask you for any forms or signatures needed before the hearing begins or after it ends.
Remember that the hearing is rather informal, will be conducted in a conversational manner and is "non-adversarial." This means that no attorney will be representing Social Security or the government trying to get the case denied. Also, the claimant is not required to know or follow formal rules of evidence, such as would be required in a civil or criminal court. They key things to remember is to tell the truth, speak clearly and answer all questions as clearly as possible. If you don't understand a question, ask that it be repeated or explained before you answer.
Comments
Post a Comment