An Opportunity to Win at the Administrative Level
The disability hearing before an Administrative Law Judge (ALJ) is the third step of the process (following second appeal or the "request for reconsideration") and the first chance for you to communicate in person to someone who has the ability to make a final ruling on your case.
For many people, however, the time leading up to this hearing and the actual disability hearing itself are the most stressful parts of the entire process. The wait time at Social Security for the hearing after you appeal can take from 8 to 16 months in California. [In many hearing offices in the United States it is even a longer wait, sometimes twice as long.]
At Milam Law, we understand your apprehension and how daunting the prospect of having to talk at length about your disability with a complete stranger during an "official" proceeding can seem. we also understand the real opportunity this hearing presents to you and how very critical it is to you, especially after the long wait before you see the ALJ. And while we may not be able to make it completely effortless for you to talk about how your disability has changed your life - our lawyers can make certain that you walk into that hearing ready to answer the kinds of questions you'll likely be asked. It will be easier or at least less surprising for you with our help.
If you are anywhere in California's Central Valleys, from Bakersfield to Sacramento and have been denied disability benefits - call or contact us for a free consultation regarding your SSD or SSI claim.
What to Expect at Your Disability Hearing
The ALJ hearing is actually a fairly informal meeting, and not in your typical, intimidating courtroom, and with only 4 to 5 people in attendance. Most hearings take place in a small conference room at the nearest Social Security office where the judges work, or Office of Disability Adjudication and Review (ODAR) (although they can take place at other locations too). Usually, the only people present will be the claimant, the claimant's attorney (if they have one), the Administrative Law Judge, a work expert, and a hearing reporter. Claimants are also allowed to bring witnesses.
Occasionally, the SSA will also have a medical expert to testify on its behalf. When this is going to happen, you will be notified. It is yet another reason you should seriously consider hiring a lawyer if you don't already have one. Also, the work or vocational experts who sometimes come to hearings for ALJs bring a great deal of technical application to the hearing and it is very important to have an attorney experienced in dealing with these experts.
During the hearing, there will be questions about your work history, the different jobs you've had, the doctors you've seen, any treatments you are getting, the way the disabilities limit you, and so forth. How you answer these questions is important. Our job is to make sure that you're prepared; we do this in several ways. First, we send you a thorough form of the questions to expect in a normal hearing, so you can work on your responses as much as you like. We believe few if any offices do this in the area. Then, we review your answers on the forms and advise you of needed changes. Finally, we conference with you and practice your answers with you to the degree necessary to make you comfortable.
Do not find yourself with an attorney who shows up 5 minutes before hearing, not having given you any preparation for the hearing. Further, do not find yourself going into court with an attorney from an office where you have never seen or spoken to the attorney representing you until the day of the hearing. The best procedure is to have an attorney who both helps you early by giving you a set of questions to work on for your testimony, and then goes over your answers with you before you are about to go into the court room. Many clients have come into a Milam Law office for another appeal, often after much damage has occurred in their case, because their attorneys never prepared them for the hearing.
