What Questions Does The Judge Ask At The Social Security Hearing?

Chances are that if you are reading this, you currently are waiting for your hearing in front of an Administrative Law Judge (ALJ) to be scheduled or your hearing was recently scheduled. You've applied for Social Security Disability (SSD) and/or Supplemental Security Income (SSI) and have been denied at least once or possibly twice (if your state has the Reconsideration stage).

In general Social Security hearings are pretty informal, nothing like you're accustomed to seeing on Court TV or the news. Typically, the only people in the hearing room are the judge, a court reporter who types what is being said, the claimant and if you are represented, your representative. It's also common for the Administrative Law Judge to request that a vocational expert and/or a medical expert testify at the hearing.

The main purpose of the hearing is for the claimant to testify. The majority of the time spent in the hearing room is spent with the judge asking the claimant questions and if you are represented by someone, having your representative ask you questions to inform the judge of important details.

Typically the judge will ask questions in order to better understand your case and obtain the required information to determine if you meet Social Security's definition of disability.

For the most part the the questions you are asked by the judge will fall into four categories:

Background Information
The judge will ask you questions about your education, who you live with and where you live. Basically, the simple questions that you shouldn't generally have to think twice about.

Work History
You will be asked about your work history from fifteen years prior to your alleged onset date up to the last job you held. You should be able to briefly explain where you worked, what you did on a daily basis, be able to explain what you were responsible for doing, whether the job was a physical job, whether you spent most of the day sitting down/standing up, whether you interacted with customers or the general public and what if anything you were responsible for lifting. If you have any earnings since your alleged onset date you may be asked to explain what this money is for.

Medical Condition(s)
Obviously you will be asked many questions about your disabilities and how they affect you on a daily basis. You will be asked what doctors you have seen, how often you visit the doctor, what medications you've been prescribed, what body parts are affected, how often you are in pain, how often you feel the side effects of your disability, what causes your pain or symptoms to get better or worse.  You may be asked if the medication helps your problems, if the medication has side effects or if you have ever been hospitalized. You should also be prepared to explain any gap in medical treatment (for instance if you no longer had medical coverage).

Be prepared for the one question that I believe every single judge I've ever appeared in front of has asked -- "In your opinion, what prevents you from working?"

Daily Activities 
This may be the most important portion of the hearing because it gives the judge an idea about into how you are affected on a daily basis by your disabilities. It gives them insight into what your limitations are. It's here where the judge will typically be able to determine whether he/she thinks you are a credible person or whether he/she believes you are exaggerating.

It's important to make sure the judge understands your limitations and how your disability prevents you from doing daily activities. But, at the same time, you do not want to lie or exaggerate. The judges who appear at Social Security disability cases hear hundreds of disability cases each year and literally thousands of cases in their lifetime. They can usually tell if someone is lying to them or if the person testifying in front of them is exaggerating their limitations.

The judge will ask questions about what your typical day consists of, what you do from when you wake up in the morning until when you go to bed at night, what chores you are able to do, whether you can drive, whether you can go out by yourself, whether you can cook/shop/do laundry. 


If you are preparing for your Social Security Disability hearing then you may want to read my blog post "What Happens At The Social Security Disability Hearing?" and "common Social Security disability mistakes that are easily fixed."

I Requested A Hearing, What's The Wait Time?

So you've now been denied at initial application and possibly Reconsideration and have requested a hearing in front of an Administrative Law Judge. Now you want to know how long you're going to have to wait until your case is heard.

Depending on where you live in the United States that wait time is going to vary drastically. Social Security routinely releases statistics that show the average wait time across their 165 hearing offices. The shortest wait time for a hearing once it's been requested is at the Mayagüez hearing office in Puerto Rico where the average wait time is 175 days. At the opposite end of the spectrum, if you live in the St. Louis area the average claimant waits 472 days for their hearing to be scheduled.

It's fairly safe to assume that if you recently requested a hearing, you should expect to wait at least seven months and it could take up to fifteen months.

What Happens At The Social Security Disability Hearing?

So you've applied for either Social Security Disability benefits and/or Supplemental Security Income and you've been denied at the Initial application, and possibly a second time at Reconsideration (if your state has this stage of the process). You've requested a hearing (likely about a year ago) and now you've been scheduled for a Social Security hearing in front of an Administrative Law Judge.

Here are a few things to prepare you for what to expect at your hearing:

• If you do not already have an experienced Social Security disability attorney, it's time to strongly consider getting one. If you have an experienced representative, they should be able to answer all of your questions; from what to wear to the hearing, to what type of questions to expect from the judge. Not to mention, they will hopefully present your case in an organized manner that shows the judge that you meet the Social Security definition of disability.
  
• Unlike most other legal proceedings, Social Security's new rules prohibit claimants from knowing who the Administrative Law Judge is ahead of the hearing.
  
• Social Security hearings are pretty informal, nothing like you're accustomed to seeing on Court TV or the news. Typically, the only people in the hearing room are the judge, a reporter who types what is being said, the claimant and if you are represented, your representative. It's also common for the Administrative Law Judge to request that a vocational expert and/or a medical expert testify at the hearing.
  
• In my experience, most hearings last about 45 minutes to an hour. I've had hearings that have lasted much less and hearings that have lasted much longer. But, in general, if you are represented by an experienced representative or Social Security attorney, you should expect your hearing to last close to an hour. From my experience of sitting in Social Security waiting rooms, hearings where the claimant is unrepresented rarely last longer than 30 minutes.
  
• The Administrative Law Judge rarely issues a decision the day of the hearing. This doesn't mean it never happens, but it's not common practice. So, don't go to the hearing expecting to have a final answer to whether or not your application for disability is being approved or denied. If you do not receive a bench decision (a decision the day of the hearing), you will have to wait to receive your written decision in the mail. The time frame to receive a decision varies by judge, some judges get their decisions sent out within a few weeks and unfortunately I've had judges that take up to three months to issue their decision.
  
• The main purpose of the hearing is for the claimant to testify. The majority of the time spent in the hearing room is spent with the judge asking the claimant questions and if you are represented by someone, having your representative ask you questions to inform the judge of important details.
  
  
• If you've been scheduled for a hearing, then read this article about common Social Security disability mistakes that are easily fixed.

If you are scheduled for a hearing then you likely have already waited at least eighteen months since the day you first applied for disability benefits. That's why I will repeat my suggestion that if you do not already have an experienced Social Security disability attorney, it's time to strongly consider getting one.

What Is A Common Mistake Claimants Make That Is Easily Fixed?

One of the most common mistakes that people applying for Social Security disability benefits make is being overly vague. No attorney or Administrative Law Judge expects you to be the next Stephen King, recalling everything in immaculate detail, but in my opinion this is one area where clients hurt themselves and it is very easily corrected if you realize the mistake and the problems that it can cause.

When I meet my client for the first time the interview is very detailed as I want to fully understand what the person's disabilities are, how their daily activities are restricted, how often they are affected by their conditions and basically get an overall understanding as to how this person is affected by their medical condition(s). The overwhelming majority of people answer questions very vaguely. For instance, I may ask a person how often they have difficulty sleeping at night. A common response to a question like this is "sometimes," "often" or "from time to time."

When they do this, I immediately get to work on changing the way that person answers those types of questions. You see, I know that if I really have no idea how often the problem(s) exist then I know that if the case were to go to hearing that there is no way an Administrative Law Judge will know either. You have to prove to the Social Security Administration that you are disabled and unable to work. I am not asking or even hinting that you should lie or exaggerate. But, there's a significant difference in saying "sometimes," and in saying "three times a week," or "five times a month."

The same applies when you complete the initial application to apply for Social Security disability or the forms that Social Security requests that you complete such as the Work History Report or Adult Function Reports. If you answer questions vaguely on those forms then there is no way for a disability examiner to truly understand what limits your ability to work.

When speaking in frequency, you should always try to attach a number of occurrences that the event or problem happens in a day, week, month or year. What often happens is that because you have been living with this impairment or problem for a period of time you begin to get used to it and feel almost like others will understand. The problem is, the majority of time, others do not understand. The definition of "sometimes" to you may mean a few times a week, whereas to someone else it may mean once a month.

It is important to keep in mind when talking to anyone about your disabilities how it affects you and how often it does. Assume that the person (whether it be your attorney, a doctor or an Administrative Law Judge) who is asking you about your disability knows NOTHING about it, what the symptoms are and how often they affect you.

What Is A Common Mistake Claimants Make That Is Easily Fixed?

One of the most common mistakes that people applying for Social Security disability benefits make is being overly vague. No attorney or Administrative Law Judge expects you to be the next Stephen King, recalling everything in immaculate detail, but in my opinion this is one area where clients hurt themselves and it is very easily corrected if you realize the mistake and the problems that it can cause.

When I meet my client for the first time the interview is very detailed as I want to fully understand what the person's disabilities are, how their daily activities are restricted, how often they are affected by their conditions and basically get an overall understanding as to how this person is affected by their medical condition(s). The overwhelming majority of people answer questions very vaguely. For instance, I may ask a person how often they have difficulty sleeping at night. A common response to a question like this is "sometimes," "often" or "from time to time."

When they do this, I immediately get to work on changing the way that person answers those types of questions. You see, I know that if I really have no idea how often the problem(s) exist then I know that if the case were to go to hearing that there is no way an Administrative Law Judge will know either. You have to prove to the Social Security Administration that you are disabled and unable to work. I am not asking or even hinting that you should lie or exaggerate. But, there's a significant difference in saying "sometimes," and in saying "three times a week," or "five times a month."

The same applies when you complete the initial application to apply for Social Security disability or the forms that Social Security requests that you complete such as the Work History Report or Adult Function Reports. If you answer questions vaguely on those forms then there is no way for a disability examiner to truly understand what limits your ability to work.

When speaking in frequency, you should always try to attach a number of occurrences that the event or problem happens in a day, week, month or year. What often happens is that because you have been living with this impairment or problem for a period of time you begin to get used to it and feel almost like others will understand. The problem is, the majority of time, others do not understand. The definition of "sometimes" to you may mean a few times a week, whereas to someone else it may mean once a month.

It is important to keep in mind when talking to anyone about your disabilities how it affects you and how often it does. Assume that the person (whether it be your attorney, a doctor or an Administrative Law Judge) who is asking you about your disability knows NOTHING about it, what the symptoms are and how often they affect you.

NOSSCR Responds To New Social Security Policy To Hide Judge's Identity Until Day Of Hearing

The National Organization of Social Security Claimants' Representatives (NOSSCR) has sent a detailed response to the Social Security Administration regarding the new policy which has been implemented which keeps the identity of judges anonymous until the day of the hearing.

To view the letter click here


Related Post:
I've Been Scheduled For A Hearing, Can I Look Up The Judge's Decision Record?

NOSSCR Responds To New Social Security Policy To Hide Judge's Identity Until Day Of Hearing

The National Organization of Social Security Claimants' Representatives (NOSSCR) has sent a detailed response to the Social Security Administration regarding the new policy which has been implemented which keeps the identity of judges anonymous until the day of the hearing.

To view the letter click here


Related Post:
I've Been Scheduled For A Hearing, Can I Look Up The Judge's Decision Record?

I've Been Scheduled For A Hearing, Can I Look Up The Judge's Decision Record?

Image Source

Up until recently when Social Security scheduled an individual applying for Social Security Disability benefits or Supplemental Security Income for a hearing the claimant was informed who the Administrative Law Judge hearing their case would be.

Social Security's policy has now changed as of this month and they are no longer providing the name of the Administrative Law Judge until the day of the hearing.

However, even if you are not aware of the Judge's name before the hearing, since most judge's do not issue a decision the day of the hearing, this link may still be helpful in providing some history for each judge as to how they tend to decide cases.

The decisions included are from October 1, 2011 through November 25, 2011 and include:

• Judge's Name
• Hearing office the judge is located
• Total number of decisions
• Number of Fully favorable decisions
• Number of Partially favorable decisions
• Number of Denials

If you are applying for SSD or SSI and are at the hearing level, you should contact an experienced Social Security Disability attorney prior to the Administrative Law Hearing.