Social Security Disability Hearings: What to Expect & How to Succeed

A Guide to the Most Essential Step of Your Social Security Disability Appeal

If you’ve been denied Social Security Disability benefits and have filed an appeal, your hearing is one of the most important parts of the process. It allows you to present your case before a judge and gives you the highest chance of winning benefits.

While the stakes may make the hearing feel intimidating, the Social Security Disability Attorneys at Schott Mauss & Associates don’t want you to be anxious. That’s why we help each of our clients know what the hearing will involve and how to succeed. Working with an attorney on our team gives you a partner every step of the way.

Here’s our guide to understanding the ALJ hearing and knowing what to expect.

What Is an Administrative Law Judge Hearing?

There are four potential steps in the Social Security Disability appeal process. When the Social Security Administration denies an application for disability benefits, the first step is to request a reconsideration. While you may receive approval at this initial step, it’s uncommon, typically only succeeding for about 1 in 10 applicants.

The second step is to appeal your case before an administrative law judge. This is the most critical phase of your appeal. About half of all cases that reach this step are approved (not counting cases that are rejected for non-medical reasons). This means if you have a legitimate case, the ALJ hearing is the best chance to outline your arguments for benefits.

That said, the hearing shouldn’t feel like a coin flip. There are many ways you can prepare to give your case the best chance of succeeding. One of them is to make sure you qualify for a hearing by meeting the filing deadline. Your request for a hearing must be filed within 60 days of receiving the SSA’s decision on your reconsideration request.

Once your hearing is scheduled, knowing what to expect is key.

What to Expect at Your Social Security Disability Hearing

The hearing itself will be a short meeting with a small group of people. Here’s a closer look at what that may look like.

Where Will the Hearing Take Place?

Administrative law judge hearings can take place either at a local Social Security hearing office or in the comfort of your own home. Your options for the type of meeting include:

• In person at your nearest Social Security hearing office
• Over the phone from your home
• Over video using your own device at home or a computer at a hearing office

Since 2020, most applicants have chosen virtual hearings. However, you can choose the option you are most comfortable with.

Who Will Be Present at the Hearing?

There may be a handful of people who appear in the meeting. They could include some or all of the following: 

• You and your lawyer
• The administrative law judge (ALJ)
• A court reporter to record the testimony
• A vocational expert (if needed)
• A medical expert (if needed)
• An interpreter (if needed)

Vocational and medical experts can be called either by you or by your judge to provide opinions and testimony. If you need an interpreter, you can request one from your local hearing office at no cost to you.

What Will Happen at the Hearing?

During the hearing, the judge will swear you in under oath. The judge will then discuss your case and ask questions to you about your work history, your medical conditions, and your daily life. Your attorney will also have a chance to ask you questions to be sure the judge hears the full story. The judge and your attorney will be able to ask questions to any of the experts present.

A typical hearing lasts 30 minutes to an hour. 

How Long Does It Take to Receive a Decision?

The average length of time to process a hearing nationally is between 8 and 10 months. That includes the time it takes to schedule a hearing, hold the hearing, and receive a decision. In Des Moines, Iowa, the average processing time is about 8 ½ months. 

Your judge will rarely make a decision immediately after your hearing. Typically, it can take 1-3 months after the hearing to receive a decision.

How Do You Prepare for Your Hearing?

Preparating for your Social Security Disability hearing is key to winning your case. Here are some of our tips for preparation: 

Come With Specific Examples

A vague description of pain is less effective than concrete examples. Rather than saying standing sometimes hurts, it’s more helpful to specifically say you’re not able to stand for more than 10-15 minutes before you need a break.

Be Truthful & Accurate About Your Symptoms

The judge will have access to your medical file, so it’s important to be sure your testimony aligns with what’s in it. It’s also key to describe them fully — not to overexaggerate them or downplay them to what it feels like on your “best” day. 

Be Careful About Absolutes

Saying you “never” do something or that something “always” hurts can be a trap, especially if there has been an exception to your behavior. To be accurate and safe, it’s typically best to say “hardly ever” or “rarely” instead.

Be Prepared to Answer Questions About Your Daily Activities

If you do certain tasks like shop for groceries or drive to the pharmacy, the judge could draw conclusions about your abilities. If your hearing is in person, they may ask you whether you drove yourself. It’s important to contextualize any answers with specifics about the pain that certain daily activities cause, such as the pain and limitations you face when you make a grocery trip.

What Factors Might Influence the Decision?

Working With an Attorney

One of the best decisions you can make for your Social Security Disability case is to hire an attorney to represent you. This is particularly true at the ALJ hearing level. One government study found that applicants who had some form of representation won their cases at nearly three times the rate as those without.

Knowing Local Judges

While the criteria for making a Social Security Disability decision is the same in every state, it’s no secret that different judges have different allowance rates. These different rates could be due to a combination of complex factors, but they nonetheless show why it’s best to work with a local attorney who is familiar with the judges in your area. This will enable you to have the best chance of succeeding in your local context.

What if My Hearing Is Unsuccessful?

While the hearing is the best chance for winning your Social Security Disability benefits on appeal, it is not your last chance. Talk with your attorney to discuss your potential options and whether it’s worth filing an appeal with the Social Security Appeals Council. This is a national review board that looks for errors in the judge’s decision.

Don’t Leave Your Case up to Chance. Talk With Iowa’s Trusted Social Security Disability Attorneys

Are you looking for a trusted partner to walk with you through the Social Security Disability process? The experienced Social Security Disability attorneys at Schott Mauss & Associates make it simple. Schedule a free consultation with us to see how we can help with your case.