Hearings Before an Administrative Law Judge

A Request for Hearing is the second appeal you can file in the Social Security Disability claim process. It follows a Reconsideration denial or a Reconsideration decision that was only partially favorable. When you file a Request for Hearing, the Social Security Administration will schedule a hearing. Your request will be processed by a Social Security Disability hearing office (also known as an Office of Hearing Operations or OHO). The wait time for a hearing varies between hearing offices.

An Administrative Law Judge (“ALJ”) will hear your case at your hearing. This is your chance to voice your claim. You will testify as to your level of impairment due to your medical conditions. You and your attorney can also call and question witnesses, cross-examine witnesses the judge calls, and submit depositions.

What Happens During a Hearing Before an Administrative Law Judge?

Many SSD claimants mistakenly believe their hearing will resemble a civil court jury trial. However, ALJ hearings tend to be more informal than that and should be non-adversarial (non-confrontational). Disability lawyers usually advise their clients to dress for their hearing as they would typically dress going out to dinner with friends (but no hats, tank tops, or revealing clothing), not as they might dress for a job interview. Even though the hearing is informal, the judge will likely wear a black robe and sit on an elevated platform.

The court reporter will swear in you, the Vocational Expert (“VE”), and other witnesses. The judge may ask about your educational history, past work, and limitations. For additional information on testimony at a hearing, please read our article on what to testify about at a Social Security Disability hearing.

Once the ALJ has finished their questions, the judge will allow your attorney to ask you additional questions to develop the claim further. Once you are done testifying, the ALJ will ask the VE hypothetical questions about what jobs someone like you with your limitations could do. 

Sometimes, a Medical Expert (“ME”) may be present. For additional information on who will be at a hearing, please read our article on what happens at a Social Security Disability hearing.

How Long Does a Social Security Disability Hearing Last?

Social Security Disability hearings do not last as long as you may think. They are typically short and can last 5 minutes to an hour, but we have had hearings that last over an hour.

Do I Have to Appear In Person?

These days, the hearing is most likely to occur via phone or videoconferencing (although you have the right to request an in-person hearing). In-person hearings typically take place at the nearest hearing office. More people are approved at hearings than at reconsideration, and one reason is that the judge, the decision-maker, sees you and hears about your medical condition directly from you. You should talk to your attorney about how they recommend that you attend your hearing.

What Happens If I’m Late or Miss My Hearing?

The hearing is short, and you have waited a long time for this moment, so be sure to arrive at the hearing site on time. ALJs typically schedule 4-8 hearings back-to-back on hearing days. An ALJ may decide not to hear an applicant’s case if the applicant shows up too late for their hearing.

How late is too late will depend upon the individual ALJ in question and their densely packed hearing schedule. Generally speaking, arriving more than ten minutes late will be enough for an ALJ to refuse to hear a claimant’s case. As such, you should always try to arrive at the hearing site at least 30 minutes before the start of a hearing to get properly situated.

If you do arrive too late for a hearing, you will be issued an “order to show cause” notice and asked to explain why you were late. Your explanation is commonly called a “Good Cause Statement.” Providing an acceptable reason for appearing late (extreme traffic problems, unforeseen car problems, or getting hopelessly lost) may convince a judge to reschedule your hearing to a later date.

What Happens After a Hearing?

Once your hearing is completed, the Administrative Law Judge will issue a written decision. The length of time it will take to issue the decision varies. The judge’s decision will be one of the following:

• Fully Favorable;
• Partially Favorable;
• Dismissed; or
• Unfavorable.

Can I Get A Second Hearing If I Get Denied At My First Hearing?

Yes. Even if a judge denies your claim, you can file more appeals and applications for benefits. Our office has successfully obtained benefits for claimants even after a judge previously denied them multiple times. 

Are You Prepared For Your Hearing?

If you need to file your Request for Hearing, or even if your hearing has been scheduled, you should consider hiring an attorney to represent you at your hearing. At Ortiz Law Firm, we take hearing preparation very seriously. Each client receives free access to our Disability Academy online training program with over 5 hours of video content to help prepare for the hearing. We also schedule a pre-hearing conference with Social Security Disability Attorney Nick Ortiz so that you can discuss the specific details of your claim before the hearing. Contact us online or call our office at (888) 321-8131 for your free case review.