How do I explain my disability case to an administrative law judge?
Fortunately, you don't actually have to explain your case to the judge at your hearing. For the most part, your medical records will do the talking for you. That, plus any medical consultative exams Social Security sent you to. Also, if you have a lawyer at your disability hearing, he or she will present your case, though the judge may still ask you questions.
It is a given that if you are scheduled for a disability hearing, you may be wondering will happen at your disability hearing. What does happen?
You will appear before an administrative law judge in a fairly informal court setting and it can last up to an hour. If you are concerned about how many people will be at the hearing, you can relax. Generally, the judge, court reporter, vocational expert, your representative, witnesses (if you have any), and yourself will be the only people in attendance.
The ALJ usually starts with questions about your past jobs and how you performed them. Sometimes job titles do not accurately describe the expectations your employers had of you. You should describe your past jobs as you performed them. You may be wondering why the judge asks questions about your job history.
The ALJ has to have information about your past work and job skills to address step four and five of the five step sequential evaluation process (can you do any of your past work or can you do any other kind of work considering your job skills).
After this line of questioning the judge will move on to questions about your medical impairments and their affect on your daily life. If you have a representative the ALJ will allow your attorney to ask you questions about your daily life. If you do not have a representative the judge will direct their questioning to you. You should answer the questions as honestly and thoroughly as possible. Here are some examples of questions that you could expect at your disability hearing:
Are you depressed?
Do you have pain and can you describe it?
Are you able to cook or clean?
Do you have alcohol or substance problems?
Do you take medication?
Are you able to lift things?
Can you do your own shopping or can you drive?
These are just some examples and most certainly there could be other questions.
While the ALJ disability hearing is not an adversarial process, you would most likely benefit from the services of a professional Social Security representative or attorney. They are familiar with Social Security case rulings and medical vocational guidelines, therefore they are better able to present the facts of your disability claim to an administrative law judge.
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These pages answer some of the most basic questions for individuals who are considering filing a claim.
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