Your Disability Hearing – What to Expect

What is a Disability Hearing?

When you apply for Social Security benefits, there is a good chance that your first application will be denied. If you appeal and are denied again, you can request a Social Security disability hearing before an Administrative Law Judge (ALJ). You must request this hearing within 60 days of your decision date; however, wait times for SSA hearings can be as long as 12 months.

During your disability hearing, you will be asked questions about your medical history, work history, and level of impairment. You can use your hearing to provide additional evidence of why you qualify for disability benefits.

Applying for SSA benefits can be complicated, especially if you have been denied before. Legal assistance can dramatically improve your chances of getting the benefits you deserve. If you need help with the disability benefits process, call our law office today at 480-999-4740.

Where Will the Hearing Take Place?

You can attend your disability hearing at your local SSA office, over the phone, or via video call. The SSA will send you a notice at least 75 days in advance telling you the date, time, and location of the hearing.

Wait times for disability hearings can be as long as 12 months. You may be able to have your hearing scheduled sooner if you waive the 75-day notice requirement. You can check the status of your hearing request at any time through your online Social Security account.

If you do not wish to appear at your hearing, you can file a Waiver of Your Right to Personal Appearance Before an Administrative Law Judge. Instead of making a decision based on your testimony and other evidence, the ALJ will decide your case using the evidence in your file.

How Do You Prepare for a Disability Hearing?

With so much wait time before hearings, you have plenty of time to prepare for yours. Many disability applications are approved at ALJ hearings, but it is helpful to know what’s coming and prepare ahead of time.

Use the following tips to prepare for your disability hearing:

• Review your medical evidence. Look at your medical records and refresh your memory about critical details like treatments you’ve had done and medications you currently take. Try to determine the date you were first diagnosed with your disability as well.
• Prepare your testimony. Come up with a plan and a general script of how you will explain your impairment to the judge. Always be honest without exaggerating, and focus on how your impairment affects your ability to do daily tasks.
• Appoint a representative. A disability representative handles your claim for disability benefits. You can use a member of our legal team or assign a non-attorney. Representatives generally have experience with ALJ hearings and can help prove your case.
• Plan to arrive early. Always get to your hearing at least 15 minutes early to make a good first impression. If you have an emergency and need to cancel, call the hearing office as soon as possible.

What Happens at a Disability Hearing?

Knowing what to expect at your disability hearing can help you prepare. Although a disability hearing is informal, everything you and other witnesses say is under oath. The ALJ may ask you questions or allow you to talk about your disability in your own way.

You can discuss your medical history, work history, and various medical conditions. The ALJ may call vocational or medical experts to testify about your impairment. You have the right to question all witnesses and submit further evidence to bolster your claim.

The ALJ will review all evidence at the end of the hearing and make their final decision. You will receive a written notice of the final acceptance or denial.

How Can a Lawyer Help Me?

The SSA denies thousands of disability benefits applications every year, leaving deserving individuals without a way to pay their bills. A disability hearing is a way to plead your case and submit further evidence, but it can be a difficult process without a legal background.
Our team at Roeschke Law can represent you at the hearing and help you prepare for a greater chance of success. Contact us today at 480-999-4740.