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Baca & Ferris Disability Law

Before an administrative law judge

Disability hearings

Overview

A disability hearing is the first stage where you speak with the person deciding your claim. The judge is an administrative law judge (ALJ) who works for Social Security. It is not a courtroom trial, and there is no jury.

Most hearings last under an hour and happen by phone, by video or in person. The wait for a hearing date is often many months. We use that time to build the strongest record we can.

Is this page for you?

  • Your claim was denied at reconsideration
  • You have already asked for a hearing and are waiting for a date
  • You have a hearing date and no representative yet
  • You want to understand what happens in the hearing room

What we do

  1. 1

    Request the hearing on time

    You generally have 60 days from the reconsideration denial. We file the request and make sure Social Security has our appointment as your representative.

  2. 2

    Update the whole record

    Social Security generally needs evidence at least five business days before the hearing. We request records well ahead of that rule.

  3. 3

    Write a hearing brief

    We send the judge a short summary of your conditions, your limits and the rules that apply to your case.

  4. 4

    Prepare you

    We meet before the hearing to go over the questions the judge usually asks, so nothing catches you off guard.

  5. 5

    Question the experts

    A vocational expert often testifies about jobs. We ask follow-up questions about the limits in your records.

Who is in the hearing room

Hearing rooms are small offices, not courtrooms. Knowing who will be there takes a lot of the worry away.

Who takes part in a disability hearing:
  1. 1 Judge (ALJ). Runs the hearing, asks most of the questions, and decides later in writing.
  2. 2 Hearing reporter. Records everything that is said. Does not take part in the decision.
  3. 3 Medical expert. Sometimes. A doctor who has read your file and answers the judge's questions, often by phone.
  4. 4 Vocational expert. Often. Explains what jobs, if any, a person with your limits could do.
  5. 5 You. Answer questions about your health, your past work and an ordinary day.
  6. 6 Your representative. Asks you questions, questions the experts, and makes the case for you.

What to gather

Do not wait to call until you have everything. We can help find what is missing.

  • Your hearing notice and any letters since the reconsideration denial
  • Every new doctor, clinic, test or hospital stay since you applied
  • A short list of what a hard day looks like for you
  • Names of anyone who could describe your daily limits, like a family member

How long it takes

The wait for a hearing is often many months and varies by hearing office. After the hearing, a written decision usually arrives by mail some weeks later.

An honest note

Judges deny claims too. If yours is denied, we explain the decision in plain words and tell you honestly whether an appeal to the Appeals Council makes sense.

Example outcomes

Illustrations written for this sample site. Every claim is different, and past results do not predict yours.

Example outcome · Hearing

Approved at a hearing after two denials

Former warehouse worker, 56, back and knee conditions

The situation
Denied at application and at reconsideration. The file had little about how long he could stand or walk.
What we did
We added an updated MRI and a statement from his treating doctor about standing limits, then questioned the vocational expert about cane use.
How it ended
The judge found him disabled, with an onset date a few months later than he first claimed.

Approved

Example outcome · Hearing and Appeals Council

Denied at the hearing

Former office manager, 44, chronic migraines

The situation
Two denials before the hearing. Her treatment had gaps when she lost insurance.
What we did
We submitted a headache diary and neurologist records, and asked the Appeals Council to review the judge's decision.
How it ended
The judge found she could do some desk work. The Appeals Council declined review. We explained her options, including a new application, and she owed no fee.

Denied

Common questions

Do I have to talk at the hearing?

Yes, the judge will ask you questions about your health, your work and your daily life. We prepare you ahead of time, and we are there with you the whole time.

Can I have my hearing by phone or video?

Usually you can choose phone, online video or in person. We help you pick the option that is easiest for you.

Who else will be at the hearing?

The judge, you, your representative and a hearing reporter. Often a vocational expert, and sometimes a medical expert, also take part.

See all questions and answers

Need help with your claim?

Call our intake line or start a free case evaluation. A person reads every answer and calls you back within one business day. There is no fee unless you win back pay.

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