Have you been researching about the Social Security disability process lately? If so, you probably read a tremendous amount of information about disability hearings.  Like many, you have probably never seen a Social Security hearing simply because they are closed to the general public.  Here are few things to know and expect at a Social Securing hearing:

Unlike the state, superior court, or even traffic court where you find the pews filled with people, at a Social Security hearing, the only people who are allowed to attend the hearing are the claimant, the claimant’s attorney, and maybe a couple of witnesses.  Rules that apply in state court do not apply to the Social Security Administration.

The Rules of Evidence are More Relaxed

In a state court, judges will spend a great deal of time making decisions about what evidence an be admitted.  For instance, you may have seen criminal trials where certain physical evidence was not admitted because there was question regarding the chain of possession or possible tampering of the evidence.

Evidentiary issues such as these do not take place in Social Security cases.  Administrative Law Judges normally allow in any evidence that you or your attorney may desire to submit.  This includes photocopies, letters from witnesses, and hearsay. This would never be allowed in state court.

Only Your Lawyer is Present at the Hearing

State or federal court proceedings are considered to be adversarial.  Normally, on both sides, the plaintiff and the defendant have counsel and the two lawyers each present arguments to help their clients.  At a Social Security hearing, a claimant can come along with their lawyer.  However, the Social Security Administration does not send counsel.  The claimant and lawyer present the case to the judge and the judge is the fact-finder as well as a questioner. So, the majority of the questions that the claimant will be asked will come from the judge.

What Does a Social Security Court look like? The Physical Setup

Social Security hearings are often held in small courtrooms the size of a lawyer’s office.  The judge will be seated in a raised bench and he/she may wear a judicial robe. In addition, a hearing reporter will be in the midst in order to handle the recording equipment such as the microphones located at the witness tables.

The claimant and their lawyer will sit around a large conference table.   Every now and then the judge will request the presence of a vocational expert (VE) witness to testify about the claimant’s past work history as well as theoretical questions about work the claimant may be able to do given certain limitations.

The judge may also call a medical expert witness known as an ME. The ME is often a retired medical doctor who will help the judge by summarizing the claimant’s medical record.

How Long Is a Social Security Hearing?

Social Security hearings normally last a total of 45-60 minutes.  Normally, judges start the hearing by introducing themselves and any witnesses present.  The judge will then confirm with your lawyer that there are no objections to the evidence and that the issues in the case have been discussed been explained to the claimant.  The judge may or may not ask your attorney for an opening statement.

Some judges then turn to the claimant and ask questions.  Other judges turn to the claimant’s lawyer and have the attorney ask questions.  Keep in mind that the judge can interrupt at any time during the hearing and ask you questions or to clear a matter up.

After your testimony has been given from you or your witnesses, the judge will then turn to the medical witnesses, if present, for their testimony.  The ME testimony usually correlates to medical diagnoses and the ME’s opinion about the significance of your medical problem and the authenticity of your complaints as related to the medical diagnosis.

The next testimony that is very important is the VE.  The job of the VE is to translate the judge’s conclusions about your work limitations into a vocational profile.  The judge formulates a sequence of theoretical questions for the VE in which he/she tries to recognize any ability you may have for performing work.  Your hope will be that the vocational witness will conclude that you are unable to perform any type of job available in the economy.

Will the Judge Make a Decision at the Hearing?

Judges usually do not tell how they are going to rule during a Social Security hearing.  That’s because there is no bailiff or security officer in the courtroom during the hearing.  Recently, I have noticed that many judges are announcing favorable decision, but not all the time.  Do not be taken aback if the judge doesn’t mention how he/she plans to rule.