If your Social Security Disability (SSD) claim has been twice denied — originally and on reconsideration — the next step is to ask for a hearing with an administrative law judge (ALJ). That is your opportunity to explain your limitations directly to a person who will decide your claim. Understanding more about how SSD hearings work can help you prepare and reduce the anxiety you may have about the process.

Once the local Social Security office receives your request for an ALJ hearing, your case will be assigned to a hearing office and put in a scheduling queue. Currently, wait times for a hearing date are approximately seven to nine months, although these vary by location. Once a hearing date becomes available, you should receive notice at least 75 days prior to the hearing date. 

Depending upon the situation and your preference, the hearing may be conducted by video, by telephone or in person. Typically, there will be several people at the hearing itself: you, the ALJ, your attorney, a recorder who will prepare the official transcript and a vocational expert (VE) who attends by phone. The VE’s role is to testify about the type of work that the government believes you might be able to do, despite your limitations, and its availability. 

Sometimes, a medical expert (ME) will be present at a hearing. The ME can offer their opinions about your conditions and functional limitations and how those fit into the requirements the SSA sets to consider you disabled. You may also bring witnesses, such as friends or family members, who can describe your daily activities and paint a before-and-after picture of your condition.

The ALJ will start the hearing by going through a few preliminary questions to confirm your identity and make sure that your records are complete. Then, the judge will usually ask you questions directly, focusing on:

  • Your education, including any degrees or certifications you hold

  • Your prior work history, including a detailed explanation of the jobs you did and why you ultimately stopped working

  • Your medical conditions and the symptoms you experience, such as pain, fatigue, cognitive difficulties, trouble with emotional regulation and mobility limitations 

  • Your treatment history, including surgeries, medications, therapy and specialized care

  • Your functional limitations, including how long you can sit, stand, walk or remain on task

The ALJ’s goal is to understand how all the relevant factors affect your ability to function and earn a living. Your task is just to answer the ALJ’s questions as honestly and completely as possible. Once your testimony is complete, the ALJ may also ask questions of the VE, the ME (if present) and your witnesses. 

Preparing for the hearing with your SSD attorney is one of the most important things you can do to help yourself. Effective preparation involves:

  • Reviewing your medical records to confirm that they are current and complete

  • Submitting any recent updates to your treatment records or test results

  • Reviewing your education and work history so that you can quickly and easily describe your job duties in a way that illustrates to the judge why you cannot return to that work

  • Practicing how to answer other common questions the ALJ may ask clearly and accurately

Having specific examples of your limitations — such as how you cannot sit for more than an hour without needing to put your legs up, for example, or how your anxiety keeps you from even visiting friends — can help the ALJ better understand your functional limitations. Practicing your responses in advance can help you feel more confident when the time comes.

Typically, the ALJ will not issue their ruling right then. In most cases, you will receive a written notice of their decision to approve or deny your claim within a few weeks or months. 

If you are disabled and struggling to obtain the SSD benefits you need in Tennessee or Virginia, the very experienced attorneys at Massengill, Caldwell & Coughlin, P.C. in Bristol can help you take the next step. Contact us online or call us at 423-797-6022 to schedule a free consultation.