Feel Comfortable and Confident Going into Your Disability Hearing
If your benefits have been denied and you wish to appeal, you have the right to a hearing before an Administrative Law Judge. The idea of going up in front of a judge and needing to prove your case can be very intimidating. It may make you very nervous, but if you have the right lawyer and know the process, it can make the entire thing less intimidating.
What The Logistics Of Disability Hearing
- Your file is sent to the Administrative Law Judge’s Hearing Office.
- Hearings are scheduled as promptly as possible, but it may be delayed depending on the judge’s travel schedule.
- 20 or more days before your hearing is scheduled, you will receive a notice with the date, time, and location of the hearing.
- The hearing is usually within 75 miles of your home.
What Happens During a Hearing?
- Before the hearing, you and your lawyer can review the evidence in the file as well as submit new evidence. This new evidence should be submitted as soon as possible.
- During the hearing, the judge explains issues in your case. The judge may then question you, witnesses, and vocational experts.
- You and any witnesses will be under oath. The hearing is recorded but is informal.
- You and your lawyer will have the opportunity to question witnesses as well as submit evidence.
- After the hearing and studying the evidence, the judge will issue a written decision. You will then receive a copy of the decision or dismissal.
If You Don’t Appear That The Hearing
- If you decide not to go to the hearing, you need to notify the Administrative Law Judge as soon as possible. You should have a good reason. Then, you need to ask the judge to make a decision based on the evidence in your file. The judge may decide that a hearing is necessary regardless of whether or not you can attend.
- If you have a last-minute problem and cannot attend, notify the Administrative Law Judge as soon as possible. If the judge decides you don’t have a good reason, your hearing request might be dismissed.
By knowing what to expect when going into a hearing, it can greatly reduce your anxiety about attending. Your lawyer can also help you prepare so that you feel confident going in. Please contact us if you have any questions!
