As a case manager, when I have to inform our clients at Greeman Toomey PLLC about hearings before an Administrative Law Judge (ALJ) a frequent question that is asked is, “Will I have to speak during the hearing?” The simple answer is YES.
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 nameless people you never have an opportunity to talk to and 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 whether or not you should receive Social Security disability benefits.
The main purpose of the hearing is for you to testify, under oath, 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 assist you and normally has experience dealing with ALJs and with government experts. 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 by your representative 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 your answers.
The Social Security Administration has set general guidelines on what to expect at an administrative law hearing, which can be found at www.socialsecurity.gov/appeals/hearing_process.html#what_happens.
