The Social Security Disability Hearing

If both your initial and reconsideration determinations result in a denial of Social Security benefits, you can appeal a second time by appearing in a hearing before an administrative law judge (ALJ). This is the level of consideration where you have the greatest chance of succeeding in your petition for benefits. Your chances of success are even greater if you’re represented by a Tampa disability lawyer who can advocate on your behalf.

After your request for a hearing, but before the hearing actually takes place, an attorney advisor (who will also write the decision on behalf of the ALJ) may review your file, ask for additional evidence of your disability, and convene an informal prehearing conference (which is usually done by calling your disability attorney). The attorney advisor might issue a decision that is favorable to you, in which case the hearing request will be dismissed unless there’s a request to proceed with the hearing within 30 days of the attorney advisor’s decision. If the attorney advisor has made a decision, then the Appeals Council, and not the ALJ, has the authority to review it.

If you do appear before the ALJ in a hearing, it will either be in person or through a video teleconference. If you raise an objection to appearing by video teleconference, then the ALJ will reschedule the hearing so as to allow you to appear in person.

The hearing before the ALJ is similar to a trial, but it is much more informal and has more lenient rules of what can be admitted as evidence. Thus, some evidence that would not be admissible in a trial court may nevertheless be presented before the ALJ. Sometimes, vocational or medical expert witnesses testify, either in person or by video teleconferencing.

Another aspect of the hearing that is different from a trial is that it is not adversarial in nature. The hearing is recorded, and witnesses testify under oath or by affirmation. Following the conclusion of the hearing, the ALJ will issue a written decision.

If you’ve been denied Social Security disability benefits, either in the initial or reconsideration stage, contact dedicated and experienced Tampa disability lawyer Garry Miracle today for a free initial consultation. With the help of a disability lawyer, you will increase your chances of succeeding in your disability claim.