| You have gone through the initial denial for Social | | | | a hypothetical person like Mr. John Doe has the |
| Security Disability and you have gone through the | | | | residual functional capacity to do perform low stress |
| reconsideration. The next step in the appeal process | | | | sedentary work, are there jobs in significant numbers |
| is the hearing before a Social Security Judge. What | | | | within those restrictions? Generally, if the vocational |
| happens at this hearing before the Social Security | | | | expert can suggest jobs Mr. Doe can still do despite |
| Disability Judge? | | | | his impairments, then Mr. Doe will probably not |
| FIRST, your file of information has been collected | | | | receive benefits. In more rare situations if a medical |
| and is bound in a folder for viewing prior to the | | | | advisor is present, the judge will ask the medical |
| hearing. This folder will contain the medical information | | | | advisor questions about your condition. Your |
| gathered so far, your history of earnings, and the | | | | representative will be allowed to cross examine the |
| questionnaires you have filled out for Social Security. | | | | vocational expert and/or the medical expert. |
| This folder will also contain the prior decisions by | | | | EIGHTH, after all the testimony, the judge will allow |
| Social Security on your case. It is essential to review | | | | the claimant's representative to make a final |
| this folder prior to the hearing because it contains the | | | | argument. Then, the record will close. Usually, the |
| evidence that will determine your case. Any additional | | | | judge will not announce his decision at the time of |
| medical information, you want to present can be | | | | the hearing. Instead, he will mail the decision to the |
| presented up until the hearing however, it is best to | | | | claimant and his/her representative within 30 days of |
| present it at least one week before the hearing. | | | | the hearing. The decision will summarize the medical |
| SECOND, you will receive a notice regarding the | | | | evidence and the testimony. It will either be |
| hearing usually about 30 days in advance. This notice | | | | "favorable" or "unfavorable." If the judge feels the |
| will also notify you if a medical advisor or vocational | | | | medical record is incomplete, he/she may ask for a |
| expert will be present at the hearing. | | | | Social Security Doctor to do a further examination of |
| THIRD, the judge will ask for a vocational expert to | | | | the claiamant. The judge will then hold the record |
| be present if there are issues in your case regarding | | | | open for this examination. |
| transferable skills, your past work skills, non exertional | | | | NINTH, if the decision is unfavorable, your case can |
| impairments, and what other types of work you may | | | | be appealed further to the Appeals Council but one |
| be able to do. The vocational expert is a person | | | | should strive to win your case before the judge |
| trained in vocational issues with a degree in that field. | | | | because the Appeals Council rarely reverses the |
| FOURTH, the judge may ask a medical expert to be | | | | Social Security Judge. |
| at the hearing if your case involves a complex | | | | TENTH, if you win, your decision will be forwarded on |
| medical issue. The medical expert will be a physician | | | | to the processing center and you will start receiving |
| who has reviewed your medical file. | | | | benefits usually within 60 days. If you have provided |
| FIFTH, if the judge does not call for a vocational | | | | Social Security your bank information, your benefits |
| expert or medical advisor, then the only other person | | | | will be directly deposited to your bank account. |
| in the hearing room will be the judge's assistant who | | | | In conclusion, the hearing before a Social Security |
| will record the testimony given at the hearing. | | | | Judge can involve complex issues regarding your |
| SIXTH, the judge or your representative will ask a | | | | work history, your impairments, and your future |
| series of standard questions and your testimony will | | | | prospects. The hearing can involve testimony from |
| be given under oath. These questions will focus on | | | | expert witnesses. It is utter folly to represent |
| your education, work experience, impairments, | | | | yourself in this proceeding. As someone once said, |
| symptoms, medications, side effects of medications, | | | | "He who represents himself has a fool for an |
| activities of daily living, etc. Most hearings do not last | | | | attorney." You need to obtain the services of an |
| more than an hour. The judge will also hear testimony | | | | experienced Social Security Attorney after your case |
| from any witnesses you have brought about the | | | | is denied at the intial level. |
| effect your impairments have had on your ability to | | | | This may be considered AN ADVERTISEMENT or |
| function. | | | | Advertising Material under the Rules of Professional |
| SEVENTH, after you and your witnesses testify, the | | | | Conduct governing lawyers in Virginia.This note is |
| judge will then often take the testimony of a | | | | designed for general information only. The information |
| vocational expert. The expert will testify regarding | | | | presented in this note should not be construed to be |
| the skill level of your past relevant work. The judge | | | | formal legal advice nor the formation of a lawyer |
| then may ask the expert a series of hypothetical | | | | client relationship. |
| questions. For example, the judge may say assuming | | | | |