ALJ Disability Hearings

Receiving a notice that an initial disability claim has been denied can be devastating, but you have options for challenging it. One of them, an administrative law judge disability hearing, commonly referred to as ALJ disability hearings, has a claimant success rate of 51%.

A disability hearing can be instrumental in securing Social Security disability benefits for someone who cannot work due to a disability. The Law Firm of Nikki L. Prasad, P.C., provides the caring and compassionate representation needed for success at a disability hearing.

What is an ALJ Hearing?

A disability hearing allows a person to present their claim, along with new evidence and witnesses, to an administrative law judge at the Social Security Administration. The ALJ reviews the case file and any newly submitted evidence before deciding whether to allow the claim. An SSA hearing provides a claimant with their first, and perhaps only, opportunity to present their claim by giving testimony live and under oath.

An ALJ disability hearing is the second step or level in the appeals process. You can challenge any decision by the SSA that affects your Social Security Disability Insurance or Supplemental Security Income benefits by requesting an appeal.

The SSA appeals process includes the following levels:

• Reconsideration
• Disability hearing
• Appeals Court review
• Federal court review

Appeals begin at the reconsideration level, so an applicant must first request reconsideration. If the applicant does not agree with the reconsideration outcome, the decision may be appealed to the SSA judge at the hearing level.

What Happens During the Hearing?

Hearings generally require the attendance of all parties, but telephone and online video hearings may be scheduled as an alternative. Regardless of the mode in which they are conducted, ALJ disability hearings are informal meetings conducted by an ALJ.

In addition to the testimony of a claimant, the judge may request the presence of a medical or vocational expert to provide testimony about the claim. A disability attorney representing the claimant may call additional witnesses and submit evidence in support of the claim for benefits.

An SSA judge’s hearing typically begins with an opening statement outlining the procedures during the hearing. It may be followed by the claimant being placed under oath and answering questions posed by the ALJ.

A judge may ask a vocational expert to testify about the available jobs a claimant could perform, given the limitations imposed by their medical condition. A medical expert may be present and questioned by the ALJ about the claimant’s medical condition and the limitations imposed by it on a person’s ability to engage in daily activities, including those related to working.

The disability hearing attorney representing the claimant has the opportunity to cross-examine the medical or vocational expert and other witnesses called to testify at the request of the ALJ. The attorney can also present witnesses, submit evidence in support of the disability benefits claim, and make a closing statement that summarizes the strengths of the case.

Questions the Judge May Ask

The questions an ALJ may ask of a person appealing the denial of their claim for disability benefits include:

• Personal information of the claimant, such as name, address, date of birth, Social Security number, marital status, and information about people residing in their household.
• Background information, such as education and vocational training, military service, and work history.
• Medical and functional information, including the nature and severity of symptoms, physical and mental limitations, and treatment, including prescribed medications, therapy, and assistive devices.
• Ability to engage in daily activities, such as cooking, cleaning, personal hygiene, shopping, and driving.

The judge may also ask about other activities performed around the home to determine if some of these activities may show an ability to do those that are work-related.

Vocational Expert Testimony Explained

Vocational experts assist judges at disability hearings by providing evidence of jobs available regionally and nationally, along with the physical and mental activities required to perform them. The testimony of a vocational expert may be requested by the ALJ or by a claimant’s attorney.

The testimony of a vocational expert is impartial and not based on an evaluation of the claimant or the claimant’s medical condition or their physical or mental impairments. Instead, the expert responds to hypothetical questions about the types of jobs available for a person with specific limitations. The answers are based, in part, on a claimant’s work history to assess whether the physical or mental demands of past jobs allow the person to return to any of them, given the limitations of their current medical condition.

The vocational expert also considers any skills acquired by the claimant through past work and assesses whether any can be transferred to other types of work. If transferable skills exist, the vocational expert identifies jobs available in the nationally regionally that match them.

Representation by an experienced hearing attorney in NY can be essential to challenge the evidence offered by a vocational expert. A disability attorney has the skills needed to cross-examine an expert using questions meant to elicit answers that might cast doubt on the evidence that a claimant has the ability to work.

How a Lawyer Prepares You for the Hearing

A disability lawyer spends time prior to the hearing preparing you to testify in response to questions asked by the ALJ. The purpose of the preparation is to ensure that you feel confident and at ease while testifying.

Your disability hearing lawyer reviews the SSA case file to identify areas that need to be addressed at the hearing or by gathering any necessary medical records and other documentation. The time spent preparing with your lawyer might include some of the following tasks:

• Identifying ways to use your testimony to support the legal arguments of the appeal.
• Preparing you for topics likely to be covered by the questions asked by the ALJ, such as specific limitations you experience in doing daily activities that you did before the onset of a disability.
• Reviewing how to respond to questions with detailed and concise answers.
• Conducting practice hearings to familiarize you with what you will experience at the actual hearing.

Above all else, the lawyer prepares you to be honest without exaggeration or defensiveness in responding to questions.

What to Expect After the Hearing

Do not expect an ALJ to issue a decision at the hearing. An ALJ reviews the evidence and issues a written decision after the hearing.

When it receives the judge’s written decision, the hearing office sends copies to the claimant and their attorney. If you agree with the decision, the appeals process ends. If you disagree, you may file an appeal within 60 days from the date of the notice of decision.

Seasoned Representation for ALJ Disability Hearings

At the Law Firm of Nikki L. Prasad, P.C., our hearing attorney in NY provides compassionate and caring representation throughout the ALJ disability hearings process. When you need us, we’re there supporting you every step of the way. Contact us today for a free consultation and case review.