| You have gone through the initial denial for Social | | | | has the residual functional capacity to do perform low |
| Security Disability and you have gone through the | | | | stress sedentary work, are there jobs in significant |
| reconsideration. The next step in the appeal process is | | | | numbers within those restrictions? Generally, if the |
| the hearing before a Social Security Judge. What | | | | vocational expert can suggest jobs Mr. Doe can still do |
| happens at this hearing before the Social Security | | | | despite his impairments, then Mr. Doe will probably not |
| Disability Judge?FIRST, your file of information has | | | | receive benefits. In more rare situations if a medical |
| been collected and is bound in a folder for viewing | | | | advisor is present, the judge will ask the medical |
| prior to the hearing. This folder will contain the medical | | | | advisor questions about your condition. Your |
| information gathered so far, your history of earnings, | | | | representative will be allowed to cross examine the |
| and the questionnaires you have filled out for Social | | | | vocational expert and/or the medical expert.EIGHTH, |
| Security. This folder will also contain the prior decisions | | | | after all the testimony, the judge will allow the |
| by Social Security on your case. It is essential to | | | | claimant's representative to make a final argument. |
| review this folder prior to the hearing because it | | | | Then, the record will close. Usually, the judge will not |
| contains the evidence that will determine your case. | | | | announce his decision at the time of the hearing. |
| Any additional medical information, you want to present | | | | Instead, he will mail the decision to the claimant and his |
| can be presented up until the hearing however, it is | | | | her representative within 30 days of the hearing. The |
| best to present it at least one week before the | | | | decision will summarize the medical evidence and the |
| hearing.SECOND, you will receive a notice regarding | | | | testimony. It will either be "favorable" or "unfavorable." If |
| the hearing usually about 30 days in advance. This | | | | the judge feels the medical record is incomplete, he |
| notice will also notify you if a medical advisor or | | | | she may ask for a Social Security Doctor to do a |
| vocational expert will be present at the hearing.THIRD, | | | | further examination of the claiamant. The judge will |
| the judge will ask for a vocational expert to be | | | | then hold the record open for this examination.NINTH, if |
| present if there are issues in your case regarding | | | | the decision is unfavorable, your case can be appealed |
| transferable skills, your past work skills, non exertional | | | | further to the Appeals Council but one should strive to |
| impairments, and what other types of work you may | | | | win your case before the judge because the Appeals |
| be able to do. The vocational expert is a person | | | | Council rarely reverses the Social Security |
| trained in vocational issues with a degree in that | | | | Judge.TENTH, if you win, your decision will be |
| field.FOURTH, the judge may ask a medical expert to | | | | forwarded on to the processing center and you will |
| be at the hearing if your case involves a complex | | | | start receiving benefits usually within 60 days. If you |
| medical issue. The medical expert will be a physician | | | | have provided Social Security your bank information, |
| who has reviewed your medical file.FIFTH, if the judge | | | | your benefits will be directly deposited to your bank |
| does not call for a vocational expert or medical | | | | account.In conclusion, the hearing before a Social |
| advisor, then the only other person in the hearing room | | | | Security Judge can involve complex issues regarding |
| will be the judge's assistant who will record the | | | | your work history, your impairments, and your future |
| testimony given at the hearing.SIXTH, the judge or | | | | prospects. The hearing can involve testimony from |
| your representative will ask a series of standard | | | | expert witnesses. It is utter folly to represent yourself |
| questions and your testimony will be given under oath. | | | | in this proceeding. As someone once said, "He who |
| These questions will focus on your education, work | | | | represents himself has a fool for an attorney." You |
| experience, impairments, symptoms, medications, side | | | | need to obtain the services of an experienced Social |
| effects of medications, activities of daily living, etc. | | | | Security Attorney after your case is denied at the intial |
| Most hearings do not last more than an hour. The | | | | level.This may be considered AN ADVERTISEMENT |
| judge will also hear testimony from any witnesses you | | | | or Advertising Material under the Rules of Professional |
| have brought about the effect your impairments have | | | | Conduct governing lawyers in Virginia.This note is |
| had on your ability to function.SEVENTH, after you and | | | | designed for general information only. The information |
| your witnesses testify, the judge will then often take | | | | presented in this note should not be construed to be |
| the testimony of a vocational expert. The expert will | | | | formal legal advice nor the formation of a lawyer/client |
| testify regarding the skill level of your past relevant | | | | relationship.Jerry Lutkenhaus is a practitioner of Social |
| work. The judge then may ask the expert a series of | | | | Security Disability law in the Richmond, Virginia area for |
| hypothetical questions. For example, the judge may | | | | over 30 years and has been rated "AV" by Martindale |
| say assuming a hypothetical person like Mr. John Doe | | | | Hubbell in 2003. |