Jebaily Law Firm – What to Expect at Your Disability Hearing

Transcript

Disability hearings are much less formal than court trials. There's no jury or opposing attorney, and the judge may not even wear a black robe. Most hearing rooms are small rooms with a conference table and recording equipment. The judge usually sits at a desk that's elevated slightly above the conference table. You will be seated at the conference table with your attorney.

Hearings average an hour or so in length but can run longer. Vocational experts testify in about 60% of hearings and medical experts in less than 20%. The judge's assistant will also be present and will run the recording equipment.

Each judge conducts a hearing differently. The length and content of a judge's opening statements will vary, as will the degree to which the judge questions you and whether the judge questions you before or after your attorney does. Some judges will ask your witnesses to remain in the waiting room; other judges do not.

In a typical hearing, the judge will begin by stating who is present, will note that your attorney is representing you, and may try to put you at ease. The judge will give an opening statement describing how the hearing will be conducted, presenting the history of the claim, stating the issues, and describing the exhibits. Your attorney may give a brief opening statement if your case hinges on difficult or unusual issues.

After the witnesses are sworn, you will usually be questioned first. The judge may ask you a lot of questions or may instead rely upon your attorney to elicit your testimony. Witnesses will then be questioned, and your attorney may finish with a concise closing argument.

Sometimes, at the conclusion of a hearing, the judge will issue an oral decision establishing that you're disabled. If so, a short written notice will follow a few days later. Otherwise, the judge will make a decision after the hearing and mail it to you.