You have been waiting for many months for your chance to have a Social Security judge decide your claim. You’ve been denied twice and appealed each determination. Up to this point, you really haven’t had an opportunity to explain to a real, live human being why you are unable to work. Finally, the day arrives when you have your chance to tell your story to a judge.
If you have an experienced attorney representing you, you should be very well prepared for your hearing. Your attorney will have provided Social Security with all of the relevant medical records to support your disability claim. In addition, your attorney may have obtained reports or forms from your treating providers which address specific disabling conditions or your ability to perform specific physical activities.
An experienced attorney will meet with you before the hearing to explain the process and what you can expect at the hearing. Every Social Security judge conducts hearings in a slightly different fashion, so it’s important that you are prepared for a variety of possible hearing procedures. Some judges like to ask all the questions and then allow your attorney to follow up with anything additional. Other judges may turn the hearing over to your attorney right from the outset and have your attorney ask all of the questions.
There may be a medical expert, a vocational expert, or both at the hearing. It will be your attorney’s job to question these experts as necessary following their testimony. Either of these experts may also ask you a few questions to clarify your testimony or to provide them with additional background information about you and your claim.
At our office, we typically meet with you in advance of the hearing and provide you with a general outline of the questions you can expect to be asked either by the judge or by me. You will also be provided with a summary of what is contained in the medical records so that your recollection of your medical care and treatment is fresh for your testimony.
Preparation is important because it is comforting to understand the process of the hearing and what type of questions you will be asked. It’s just as important to understand the types of things you will not be asked or things that the judge is not interested in. A hearing typically lasts only an hour or less, so we don’t want to waste the judge’s time with irrelevant or repetitive information. On the other hand, we certainly want to make sure that we provide the judge with all of the important information he or she needs to decide your claim favorably.
Most importantly, and I can’t stress this enough, make sure to testify truthfully and honestly. Social Security judges have heard thousands of people testify about pain and disabling conditions. If the judge suspects that you are exaggerating your symptoms or if you testify about medical problems which do not appear in your medical records, you lose all credibility and will probably lose your claim.
If you have questions about a Social Security disability claim, please feel free to contact Bradt Law Offices for your absolutely free consultation. We have been handling Social Security disability claims all across northern Minnesota for 30 years and are always happy to discuss your case at any stage of the claim process. We can discuss your claim over the phone or arrange for a meeting in our office.
1. What are Social Security disability benefits?
2. How much will I receive if Social Security decides I’m disabled?
3. How do I apply for Social Security disability benefits?
4. What do I do if my claim is denied?
5. When should I hire a lawyer to represent me?
6. How do I pay a lawyer in a Social Security disability case?
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