What Happens At A Disability Hearing?

If your disability hearing is coming up and you feel unprepared, it may help to know what typically happens at the hearing itself. Here we will discuss where it will be held, who will be present, what will be discussed, and some tips on how to prepare your case.

Disability hearings are typically less formal than other hearings. They often occur in meeting rooms or even an office. Be sure to arrive 30 minutes early, in case the judge is ahead of schedule or you need to meet with your attorney. Dress comfortably, in clothes you normally wear every day, and avoid looking to made up if you are female.

Those present will include you, the judge, the hearing staff (those typing what is said, security guards, etc), your lawyer if applicable, any witnesses (Doctor, friend if he/she will be testifying, etc), a companion if allowed or needed for physical or emotional support, and possibly a Vocational or Medical Expert. A
Vocational Expert, or VE, is someone who determines if a hypothetical person in your situation, with your disability, could perform any reasonable work. A Medical Expert, or ME, gives details about your disability and answers questions from the judge. Both can be cross-examined by your attorney, if applicable.

The main factors discussed in a disability hearing are your age, skills, work history, education, daily activities, and your disability in terms of medical evidence. First the judge will ask you questions, then your lawyer will be allowed to ask you questions to clarify any part of the judge's questioning. Then the judge will question the VE, ME, or other witnesses, followed by your lawyer questioning the same witnesses. If you don't have an attorney, you still may have a good chance of being approved if you are very careful but honest in your answers.

The judge may give a decision during the hearing, but it is more likely to take 8-10 weeks for a decision to be mailed to you. If you are denied, be sure to appeal immediately and/or start a new claim if allowed. For more information and tips on preparing for your hearing, see my other articles. Best of luck.