QUESTIONS ABOUT YOUR DISABILITY HEARING?

Are you wondering what questions the judge will ask at your disability hearing? Will you need to explain your medical symptoms in court? Should you bring other witnesses to your ALJ hearing ? How long does the hearing take? Do you know at the end of the hearing if you have won SSD benefits?

These are some of the many questions we hear every day at Cannon Disability Law. Everyone has a lot of questions prior their hearing. When you become our client we will answer all of your questions. Additionally, we will do our best to prepare you to testify at your hearing. Hopefully, with information from this article, some of your questions can be answered right now.

HOW LONG DOES THE DISABILITY HEARING TAKE?

Most hearings last one hour. Yes, there are times when the hearing is shorter and sometimes, it is longer. But, on average, you can plan to be in court for one hour. You will not be answering questions the entire hour, but you are the main witness.

During the hearing, you will answer questions from the judge. You will also answer questions from your attorney. If you have one. Additionally, it is possible that a medical expert could ask you some questions. The medical expert cannot make you perform tests or examine you. However, the doctor can ask you questions about your symptoms and your treatment.

Likewise, you may need to answer questions from a vocational expert (VE) about your past work experience. However, most of the time the VE will only ask questions to clarify what you actually did at work on your past jobs. For example, the VE may ask about how many pounds you lifted during a normal work day. Likewise, the VE may ask how many hours you had to stand or sit. Be prepared to answer these types of questions.

WILL THERE BE QUESTIONS FROM THE MEDICAL EXPERT?

The medical expert and VE are called as witnesses by the judge. They are paid by the SSA. However, they are supposed to offer objective testimony. That means, their testimony should be about your medical condition or your work experience. Also, their testimony should not be swayed by either side of the case.

The medical expert might ask you questions about the symptoms of your disability. You might be asked how often your symptoms occur. Likewise, you might have to testify about how severe your symptoms are. Also, the medical expert might ask you about operations or procedures you have had in the past. Most of the time, however, medical experts only answer questions presented by the judge or attorney. Learn about the role of the medical expert at your hearing.

The testimony of the ME is based upon your medical records. If you do not have proper medical records, then you cannot win your hearing. For additional information, review The Importance of Medical Records to the SSA.

WILL THERE BE QUESTIONS FROM THE VE AT MY DISABILITY HEARING?

Just like the medical expert, the VE appears at the hearing by the judge. However, the VE can only offer testimony about jobs. The VE can review your past work history. Also, they can testify about your past jobs.

The VE can also answer questions about how workers normally perform jobs. For example, they might testify about how many pounds you need to lift to be a construction worker. Likewise, they can testify about skills you need to perform certain jobs. For information about job experts, review Why Is There a Vocational Expert Coming To My Hearing?

WHAT QUESTIONS WILL THE JUDGE ASK AT MY DISABILITY HEARING?

The judge needs to know the physical and mental symptoms that come from your disability. It is very important that you explain your symptoms using numbers and examples. So, if your back hurts, you cannot simply say “my back hurts.” Instead, you need to describe how  back pain limits you.

For example, you could say that your back pain limits your ability to lift. Then, to explain it you could state, “I can’t lift more than ten pounds without feeling shooting pain. I can’t lift the dog food or the groceries anymore.” If you explain how your back pain limits you with numbers (less than 10) and an example (dog food), then the judge will understand your limitations. Find out about the judge’s hearing questions. Also, find out what mistakes not to make at your hearing.

SHOULD I BRING A WITNESS TO THE HEARING TO TESTIFY ON MY BEHALF?

It is only on the rare occasion that you want to bring a witness to your hearing. In short, don’t do it.

Most people think it is a good idea to bring a witness to the hearing. However, what they don’t realize is the only person the judge is interested in hearing from is you. You are the main witness, because you are there to explain why your medical symptoms keep you from working. Only you can describe your experience.

The only people who could testify about what they see you experience are your family members or caregivers. Unfortunately, by being your family member, their credibility is shot. They have an interest in seeing you get benefits. Therefore, the judge is not going to give much weight to their testimony. Additionally, it is going to take too much time to hear from you and from other family members. Chances are good that your family members will just repeat what you already told the judge. Thus, it is not helpful to your case to bring a witness.

The only time that this might be a good idea is when you cannot testify for yourself. For example, perhaps you have seizures and cannot describe what happens when you have one. You don’t know how long they last. Or, you don’t know how often you have them. A family member could testify about those facts. Likewise, you might want to bring a family member to testify if you have dementia or schizophrenia. Those mental illnesses might make it difficult for you to testify about your own experience.

Talk to your attorney about whether you should bring a witness. Then, follow her advice.

OUR SSD LAW FIRM HAS THE EXPERIENCE YOU NEED TO WIN BENEFITS

At our law firm, we have 30 years of experience helping clients win in court. We have won thousands of SSDI and SSI cases. Don’t go to court without an attorney who understands Social Security law. Your future income is at stake. You need to hire a firm that is on your side and can help you win the benefits you deserve.

We offer a free review of your benefits. Also, we can often tell you over the phone if we can help you win your SSD benefits. We represent clients in Utah, Nevada, Idaho, California, Washington, Colorado, Arizona, and Oregon. We can help you file your application for benefits at the Social Security website. Contact us today. Hire us to be your Social Security legal team.

You also need to hire an attorney without worrying about whether you can pay attorney fees. We are only paid if we win your case. That is right. If you do not win benefits, then you do not owe an attorney fee. Therefore, hiring us creates no financial risk for you. Once we win your SSD benefits, then the attorney fee comes from your past due benefit payments.

If you have questions about your disability hearing, then call and ask us for the answers. Remember, legal experience wins benefits. Hire the best Social Security law firm near you. Contact us for help today.