What is an ALJ Hearing?
The Social Security Disability appeals process has many levels in its appellate process. The most important level of appeal before the Social Security Administration is what is known as an “ALJ Hearing.” The hearing will be conducted by an Administrative Law Judge (ALJ). The judge’s job is to issue an independent decision, which is not influenced by the fact that your case was denied at the time of your initial application and on reconsideration. In fact, judges do issue independent decisions, with more than half of their decisions nationwide being in favor of the claimant. These are the best odds of winning at any step in the entire social security appeals system.
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ALJ Hearing is an Informal Non-Adversarial Hearing
The informal social security hearing is not an “adversarial” hearing. That is, there is no lawyer on the other side who is going to cross-examine you. Judges usually do not “cross-examine” a claimant, rather they question them. The judge is not your adversary or opponent. The judge’s job is to find out the facts. A social security hearing is usually conducted in a small conference room, not an official looking court room. Social Security hearings are informal and the normal rules of evidence applied in other courts will not apply. However, all testimony is taken under oath, on penalty of perjury, so you must tell the truth. Questions are going to be asked of the disabled claimant at the hearing about your work history, education, medical history, symptoms, your estimate of your work limitations and your daily activities.
Persons at the Social Security Disability Hearing
The hearing will be recorded on a tape recorder by a person known as a hearing monitor. The ALJ may also call to testify a Vocational Expert, to testify about job requirements, job availability and to answer certain hypothetical questions regarding your limitations physical or mental limitations. If the ALJ believes it would be helpful, the ALJ may also call to your hearing a Medical Expert, to testify about the medical issues in your cases and render an opinion as to medical or psychological limitations evident in your medical records. Finally you, your Social Security Disability attorney if you have one and any witnesses you may wish to call will attend the hearing. The hearing is private, so no one other than those mentioned above will attend without your permission.
If you have more questions about the Social Security Disability appeals process, visit us at disabilitydenials.com.
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