YOUR HEARING: WHAT TO EXPECT

Social Security disability hearings are fact-finding expeditions presided over by an administrative law judge.  A hearing generally lasts 45 minutes to 1 hour. You will meet in a large conference room atmosphere with 5 persons typically present:  the claimant, the representative, the judge, a clerk and a vocational witness called by Social Security.  The claimant and vocational expert/witness will be placed under oath. The major components of the hearing are (and I am giving the typical order):

1. Judge's direct questioning of the claimant.  
2. Representative's direct questioning of the claimant.
3. Vocational witness testimony
4. Representative's examination of the vocational witness.

At issue is whether you are disabled according to Social Security regulations. The medical evidence reigns supreme.  Most judges take the attitude that "if it isn't in your medical record, it did not happen."  You may claim pain, limited movement, inability to sit, stand or walk for prolonged periods, etc.  However, this must be supported by objective medical evidence.  The same is true of any psychological or mental limitations.  A claimant's testimony alone is never enough to win the claim.

The vocational expert's function is twofold:  to testify concerning your past relevant work, and to testify about any other work you might still be able to perform--in response to one or more hypothetical questions posed by the administrative law judge.  To help you understand how a hypothetical question is framed, I will offer one example:

"Assume an individual the same age, educational level and with the same past relevant work as the claimant.  Further assume a limitation to light work.  Add to that, the individual should avoid concentrated exposure to hot or cold temperatures and  any exposure to dust, fumes or gases.  

1. Would such an individual be able to perform any of his/her past relevant work?
2. If not, would such an individual be able top perform any other work which exists in significant numbers in the national, regional or local economy?"

 If the vocational witness testifies that the claimant would be able to perform any job under 1 or 2 above, and if the judge finds this testimony to be credible, the claim will probably be denied.