How to Ace Your Social Security Disability Hearing

Important: We updated this article in March 2023 to make sure all info below is both current and correct. If your application for Social Security disability benefits gets denied, don’t give up. In recent years, just 1 in 5 people who applied for SSD got benefits on their first try. Once that happens, you can appeal the Social Security Administration (SSA)’s decision by filing a request for reconsideration. If that fails, your next step is to request a Social Security disability hearing before an Administrative Law Judge (ALJ). Below, we’ll explain how you can get ready to present your case and improve your chances of a successful appeal.

What to Expect if Your Social Security Disability Hearing Happens In Person

While a Social Security disability hearing might sound scary, it’s just an office room with a table and judge’s bench. These hearings are closed to the public and rarely have more than a few extra people in the room. Your attorney, a judge’s aide and maybe a hearing reporter will be present — that’s it. The setting itself isn’t scary, but you should still take your testimony very seriously. The judge will record your hearing, so speak clearly and loudly. Remember anyone listening to that recording won’t be able to see your physical movements or body language. So, make sure to say everything that you want the judge to understand about your case.

What to Expect if Your Social Security Disability Hearing Happens Via Video Conferencing

In most cases, the fastest and easiest way to get your Social Security disability hearing scheduled is through video conferencing. Video hearings are exactly like hearings you attend in person. However, you have more flexibility in where you can appear and which judge hears your case. Here’s exactly what to expect when your Social Security disability hearing happens online using a video camera:

• You’ll receive a mailed letter at least 75 days in advance notifying you of your scheduled video hearing date. This could be your closest Office of Hearings Operations (OHO) field office, local Social Security office, or your lawyer’s office. Be sure to put the video hearing date, time, and location or address on your calendar. If you don’t already have a disability lawyer, getting one can dramatically increase your chances of winning.
• Get to your video hearing appointment at least 30 minutes early. You’ll want to ensure any witnesses, your lawyer and recording technician are present and prepared to start your Social Security disability hearing on time.
• Speak clearly and directly during your video hearing, but don’t rely on body language or gestures to convey your message. Much like an in-person Social Security disability hearing, the judge will be able to hear and see you in real time. However, the technician will only record the audio portion of your hearing, not the video portion. For that reason, it’s very important for you to say everything you want the judge to consider about your case. Gestures and body language get lost when relying on audio recordings alone for your hearing’s records.

Six Success Tips for Your Social Security Disability Hearing

Below, we list six success tips that may improve your odds of winning benefits during your appeals hearing.

Success Tip #1: Document, Document, Document

The more documentation you can give the judge at your hearing, the better. He or she needs a clear and decisive picture of how serious your health problems are. Most important of all, you need to explain clearly how your health issue(s) make you unable to work for at least 12 months. Unfortunately, stories about how much time and money you’ve spent in the doctor’s office will only take you so far. Make sure to gather any and all medical evidence that relates to your health problems, including:

• Lab test results.
• Medical bills.
• X-rays.
• Treatment notes from your doctor.
• Hospital records, if you have any.

Some judges like to review these records before your Social Security disability hearing. So the earlier you can submit them, the better.

Success Tip #2: Check Your Case for Holes

The judge will review all documents you provide for evidence that your health is the main reason you cannot work. To ensure they only award benefits to people who qualify, they’re also checking your case for weak spots. Go over your records a few times to look at the evidence with new eyes and take stock of everything. What holes might a judge find in those records, and how will you fill them in at the hearing? Now might be a good time to ask for letters of support from your doctor, relatives, and friends.

Success Tip #3: Show Up On Time

No judge will accept anyone showing up late to a Social Security disability hearing. And that’s true even if you have a really good excuse for why you’re late. Showing up on time and dressed like you’re going for a job interview is crucial to make a good impression. This is because you want the judge take your testimony seriously. Depending on your health issues, this may mean making travel arrangements ahead of time or getting there extra early. While video hearings usually happen closer to your home, you should still show up 30 minutes to an hour early.

Success Tip #4: Paint a Picture

The better you can describe your pain and how it limits your ability to work, the more likely you are to win benefits. Instead of saying what your condition feels like by itself, try using it in a story about your everyday life. What activities are now difficult or totally impossible to do because of your poor health? Starting a symptom diary can help you track how much your health issue(s) limit your daily activities.

Think about specific job tasks, volunteer activities, or hobbies you once enjoyed but now cannot do. Does your spouse usually fold clothes and do the dishes because arthritis makes those tasks too painful for you? Maybe you used to volunteer as a crossing guard at your grandchild’s school before you got sick. But now, you cannot stand or walk for very long due to diabetes-induced neuropathy. Or maybe you were the floor manager at a busy retail store but had your hours cut before being let go after you ruptured a disc. Are there any specific memories that stand out to you?

The more vivid and detailed your stories are, the better they will come across during your Social Security disability hearing.

Success Tip #5: Don’t Rely on One Person’s Opinion to Make Your Case

Your personal relationship with one doctor is quite different than making a cut-and-dried analysis using just your medical records. The two of you probably discussed your symptoms and related health issues before filing your claim. However, one person’s opinion won’t carry as much weight as medical evidence will in making your case. One doctor’s opinion could be completely different than what’s in your written medical records. So, be sure to bring up any lab results, imaging scans, or other new proof you can show the judge.

To give yourself as much credibility as possible, avoid bringing up anything that’s not written down as fact. It’s OK to talk about your limitations, though — they’re the most important elements of a case for winning your appeal.

Success Tip #6: Get an Experienced Legal Expert to Help You

An attorney can almost triple your odds of winning benefits at any stage of the SSD claims process. Not sure where or how to find the right person to help you? We can connect you with a Social Security attorney to review your case and advise you for free. Your lawyer can help you practice answering all the questions a judge is most likely to ask you. Best of all, you pay $0 for expert help if your Social Security disability hearing isn’t successful.

Want free expert claim help without leaving your home? Click the button below now to sign up for a free phone call during regular weekday business hours:

Get Your Free Benefits Evaluation