Because most people who apply for SSDI or SSI disability (called "claimants") aren't awarded benefits after their initial application or even after their first appeal, odds are you'll eventually have a hearing in front of an administrative law judge (ALJ). The prospect of testifying in front of an ALJ can be intimidating, but knowing what to expect and how to prepare for a disability hearing can go a long way to relieve common feelings of stress and anxiety.
You can request a hearing after a claim examiner with Disability Determination Services (DDS)—the state agency that helps process SSDI and SSI claims—has denied your application for benefits at the second level of review, known as reconsideration.
Social Security disability hearings are informal procedures where you'll have the opportunity to speak with an ALJ about why you think you're unable to work. ALJs often schedule their hearings in one-hour increments, but hearings are more likely to last between 30-45 minutes. A complex case with multiple expert testimonies might run longer than an hour, while a case that needs little additional information might be over in 15 minutes.
Disability hearings are inquisitive (investigative) instead of adversarial proceedings, meaning they have relaxed rules of evidence, no jury, and no opposing counsel (lawyer for the government). They don't resemble courtroom dramas or reality shows.
The ALJ's goal is to learn more about you and determine whether you qualify for benefits according to the regulations of the Social Security Administration (SSA). You can think of the hearing as a casual conversation where you can let the judge know about your life and your limitations.
Many disability applicants picture their hearing being held in a courthouse, but this is almost never the case. In-person disability hearings are normally held at a dedicated Social Security Administration hearing office, usually in a run-of-the-mill office building. The building might contain other government agencies and private businesses.
When you receive a notice of an in-person hearing, you'll be provided the address of the hearing office closest to you. You could receive travel reimbursement from the SSA, depending on how far away your nearest hearing office is. For more remote areas, hearings can also be held in Social Security field offices. For most in-person hearings, the judge will be in the room with you as well, but sometimes the ALJ will appear over videoconference. (Having the judge appear remotely is more common if your hearing is held at an SSA field office.)
After the COVID pandemic, the SSA largely shifted to conducting many hearings remotely, whether by telephone or video. You still have the right to have your hearing in person, but if you choose, you can testify using your phone or computer. Some applicants find remote methods much easier as they reduce the stress associated with getting to the hearing location on time.
If you're open to a video hearing, your options are:
If you prefer to have an in-person hearing, you'll need to show up at the time and location given on your notice of hearing. The hearing process is the same regardless of whether one or more people are appearing remotely. But you may need to wait longer for an in-person hearing to be scheduled.
The SSA has a rather complicated way of opting in and out of hearing methods. To avoid being scheduled for a phone or agency video hearing, you have to opt out of one or both using Form HA-55. If you're okay with an online video hearing (on Microsoft Teams), you have to opt in using a different form, Form HA-56. The SSA will send you all of the relevant forms after you request a hearing. Read the details of how to make your choices known in our article on requesting a disability hearing.
Disability hearings are closed to the public, so the few people at your hearing will include you, your representative (if you have one), the ALJ, and the hearing monitor. The role of the hearing monitor is to make sure the hearing is recorded properly and to fix any technical difficulties that might arise.
Depending on your case, a vocational expert (VE) and medical expert (ME) might attend the hearing as well. VEs are experts on various occupations and are quite common at hearings. They're there to help the judge decide whether enough jobs exist that you'd be able to perform. VEs can be present physically or over the phone (even if the hearing is in person).
MEs are doctors but are less common at hearings, and are rarely physically present at in-person hearings. Judges can ask MEs questions if they think you might be medically disabled, but need a doctor's opinion.
The judge won't ask you any questions that you don't already know the answer to. Many ALJs like to start off with a broad "umbrella" question like, "Tell me what you do on a typical day." Then, they'll usually start asking you more detailed questions about your work history, your medical history, and your activities of daily living.
Here's a list of questions the ALJ might ask you:
The exact questions the judge will ask you depend on the specifics of your case. If you have a representative, ask to practice answering questions before the hearing—your representative can't testify on your behalf, but they can help prepare you for common questions.
Many claimants look for signs or clues to the outcome of their hearing in how the ALJ acted at the hearing, but this isn't a great predictor of whether you'll receive a favorable decision. Some judges are friendly and engaging, while others prize efficiency and are more direct. Neither personality makes a judge more or less likely to approve your case.
You won't always be able to tell what's going through the judge's mind, but you can be cautiously optimistic about a favorable decision if your hearing was very short (under 15 minutes). Short hearings usually indicate that you have a very strong medical record and no "bad facts" that the ALJ needs to ask you about.
Another good sign is if you have a medical expert present who testifies that you meet or equal a listed impairment (in other words, you're "medically disabled"). If an ME says you're disabled, the judge will frequently adopt that opinion and wrap the hearing up quickly. Or, if the ALJ asks the vocational expert only one hypothetical question and the VE's response indicates that no jobs exist in that hypothetical situation that someone with your limitations could perform, the judge will likely find that you're disabled.
You likely won't know the outcome of your hearing until several weeks after your hearing has ended (or more if the ALJ needs to obtain any medical evidence that wasn't submitted before the hearing).
Depending on how late you arrive to the hearing, the ALJ might conduct your hearing in the remaining allotted time, or your hearing will be postponed and you'll be issued a notice to "show cause" (explain why you were late).
Most judges will typically give you some leeway if you're running late for a good reason, such as getting lost or having your car break down. But ALJs have a busy schedule and can't hold up the rest of their hearings while waiting for you to arrive. If you aren't sure if you'll get to your hearing on time, call the hearing office or your representative (if you have one).
You can reduce the risk of having your hearing cut short, or postponed entirely, by conducting a "dry run" to the office before the hearing. Calculate the traffic based on the time of day and distance from where you live, and make sure you know where any nearby parking lots or bus stops are. If you're getting a ride from somebody else, confirm that they'll pick you up at the correct time.
You should aim to be in the office 30 minutes before your scheduled hearing.
If you call in or connect late for a phone or video hearing, your hearing may need to be rescheduled. Call the hearing office if you're having technical difficulties that will make you late for your hearing.
On average, disability claimants can expect to wait about one year before their hearing is scheduled. You can use that time productively to make sure you're well prepared when your hearing date arrives with the following tips:
Learn how to act when you go before the judge at your hearing, whether you're scheduled for an in-person, phone, or video hearing.
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