As a case manager, when I have to inform our clients at Greeman Toomey about hearings before an Administrative Law Judge (ALJ), a common question that is asked is if a claimant has to speak at the hearing. The answer is, if the ALJ wants to hear from you, you are going to have to speak.
If you are at a hearing before an ALJ it means that you have already been denied for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). These lower level decisions are made by disability examiners that you never meet. A hearing in front of an ALJ is the only time you have the opportunity to be in the same room as the person deciding on your disability claim and whether you should receive benefits.
The main purpose of the hearing is for you to testify about how your conditions impact your ability to work. The ALJ will have an opportunity to ask questions and will ask for testimony from a vocational expert and possibly a medical expert who will testify about your conditions and how those conditions impact your ability to work.
Even if you have hired an attorney or other representative to assist you with your claim it does not mean that you won’t have to talk during a hearing. Your representative or attorney may ask you questions in an effort to show how your disabilities impact your life and your ability to work. Of course your representative or attorney is there to lead you and has experience dealing with ALJs. This experience and knowledge allows your attorney to describe your functional limitations to the judge as backed up by the medical record, which is collected prior to the hearing. Your attorney may also question witnesses, such as the vocational expert or medical expert. If you are before an ALJ that is asking questions, be truthful, thoughtful and thorough in explaining how your condition impacts your ability to work.
The Social Security Administration has set general guidelines on what to expect at an administrative law hearing, which can be found at here.
