What’s Behind Door Number 3?
If door number 3 is in the Social Security Hearing Office, the prize is a
Social Security Administrative Law Judge who should welcome you and who will
take a fair, fresh look at your case that was previously denied and make a
new and independent decision based on the evidence presented, including your
testimony. The Judge knows about the previous denials as well as your appeal
in which you have told Social Security, with the help of the staff and
attorneys of the Heard and Smith law firm, why you don’t agree with that
denial.
The Judge may have a doctor, sometimes two doctors, as Medical Experts, and sometimes a Vocational or job expert, who are all there to review the evidence, listen to you and advise the judge. These experts may be asked questions by the Judge about how your medical or psychological condition affects your ability to work, and about whether there are jobs in our local and national economy that you would be able to do.
You should expect the Judge to be polite and caring. The Judge’s responsibility is to make sure that all of the necessary evidence is contained in your case file and to listen to the answers that you give to your lawyer’s questions. Many times, the Judge also will ask you questions.
The hearing room or courtroom is a small, private room. The hearing isn’t anything like a trial you have seen on television or in movies. Your privacy is protected. In fact it is much more like going to a doctor or therapist than going into a legal proceeding. You do have to swear or affirm that you will tell the truth, but the hearing is very informal.
Your Job In Your Hearing is…
1. To listen to each question until it comes to a complete stop.
2. To make sure that you understand what is being asked before you begin to
answer a question.
3. To think about what you will say before you answer.
4. To give the shortest HONEST answer that answers ONLY the question that
has been asked.
5. Not to add stories or explanations to try and help the judge or your
lawyer understand. Both are smart and will ask another question if
clarification or more facts are needed. Make it easy on yourself, let them
do the hard work!
Be aware that your lawyer and sometimes the Judge will purposely NOT ASK you another question because the answer they expect could hurt your case. Prepare with your lawyer in advance of the hearing. There must be NO SURPRISES the hearing. You should be so prepared before the hearing that you know which questions to expect and that you have already practiced how to answer. Practice by actually saying the words that you will use at the hearing. That will allow you to be more comfortable when under pressure as a witness.
Above all, tell the truth. The Judge must have TRUST in you that you can be believed in everything you say. Call and send in all information to your Hearing Assistant, Legal Assistant and your Heard and Smith attorney, as soon as you have their names and telephone numbers. Consider us friends and allies in the effort to win and get you the Social Security Benefits and Medicare or Medicaid that you deserve.
Keep in touch. We are here seven days a week, for you, your family and friends. Bernie Shapiro, Attorney, Heard and Smith, LLP.
To keep reading the June 2014 Newsletter please
click here.
This article was earlier featured in our
December 2012
Newsletter.
How to
Get More Help
We hope
the information linked to from this page will help you
regardless of where you are in the process. If
you have a question about your disability case that
you don’t find answered in the resources linked to
above, then contact us
here or give us a call at (800) 584-3700.
For more information on our attorneys, please visit Our Attorneys page.
For more information on Social Security Disability, please see:
Social Security Disability Income (SSDI) FAQs
Supplemental Security Income (SSI) FAQs
Social Security Disability Links
Social Security Glossary
